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PUBLIC  UTILITY  ACT 

of  the 

STATE  OF  OREGON 


Compiled  and  Annotated 
for 

RAILROAD  COMMISSION  OF  OREGON 

by 

CLYDE  B.  AITCHISON 
Chairman 


1912 


RAILROAD  COMMISSION  OF  OREGON 


Clyde  B.  Aitchison, 
Thomas  K.  Campbell, 
Frank  J.  Miller, 

Commissioners. 

Salem,  Oregon,  December,  1912. 


r 


NOTE. 

The  Oregon  Public  Utilities  Act  was  enacted  by  the  Legis¬ 
lative  Assembly  and  appears  as  Chapter  279  of  the  Laws  of 

1911.  Prior  to  the  date  the  same  would  constitutionally  become 
effective,  ninety  days  after  the  adjournment  of  the  session 
of  the  Legislative  Assembly,  a  referendum  petition  thereon 
was  filed  in  the  office  of  the  Secretary  of  State.  The  Utilities 
Act  was  thereby  suspended  in  operation  pending  the  vote  of 
the  people  thereon.  At  the  general  election  held  November  5, 

1912,  the  measure  was  submitted  to  the  people,  and  was 
approved  by  a  vote  of  65,985  for  and  40,956  against.  The 
act  thereupon  immediately  became  effective. 

The  Oregon  act  is  closely  modelled  upon  a  similar  statute 
of  the  State  of  Wisconsin  (Wise.,  L.  1907,  c.  499;  Code 
§§  1797m- 1  to  1797m-108  inclusive).  References  have  been 
given  to  the  corresponding  sections  of  the  Wisconsin  Act. 
Many  provisions  are  similar  to  the  Oregon  Railroad  Commis¬ 
sion  Act  (L.  1907,  c.  53,  with  its  amendments). 

The  section  numbers  here  given  are  those  assigned  the  same 
sections  in  the  compilation  of  “Constitutional  and  Statutory 
Provisions  of  the  State  of  Oregon  relating  to  Railroads,  Com¬ 
mon  Carriers  by  Rail,  and  Public  Utilities/’  issued  by  the  Rail¬ 
road  Commission  of  Oregon  in  1911.  A  table  of  comparative 
sections  follows: 


4 


PUBLIC  UTILITY  ACT  OF  OREGON. 


Laws  of  1911 


Chap.  279,  §  1 

2 

3 

4 

5 

6 
7 

§  8 
§  9 
§10 
§  11 
§  12 
§13 
§  14 
§  15 
§  16 
§  17 
§  18 
§  19 
§  20 
§  21 
§22 
§23 
§  24 
§25 
§26 
§27 
§28 
§  29 
§  30 
§31 
§32 
§  33 
§  34 
§35 
§36 
§37 
§  38 
§  39 
§  40 


Here 


480 

481 

482 

483 

484 

485 

486 

487 

488 

489 

490 

491 

492 

493 

494 

495 

496 

497 

498 

499 

500 

501 

502 
504 

504 

505 

506 

507 

508 

509 

510 

511 

512 

513 

514 

515 

516 

517 

518 

519 


Laws  of  1911 


Chap.  279, 


§  41 
§  42 
§  43 
§44 
§  45 
§46 
§47 
§  48 
§  49 
§  50 
§  51 
§  52 
§  53 
§54 
§  55 
§  56 
§  57 
§  58 
§  59 
§  60 
§  61 
§  62 
§  63 
§  64 
§65 
§66 
§  67 
§68 
§  69 
§70 
§71 
§72 
§  73 
§74 
§75 
§  76 
§  77 
§  78 
§79 


Here 


520 

521 

522 

523 

524 

525 

526 

527 

528 

529 

530 

531 

532 

533 

534 

535 

536 

537 

538 

539 

540 

541 

542 

543 

544 

545 

546 

547 

548 

549 

550 

551 

552 

553 

554 

555 

556 

557 
557a 


PUBLIC  UTILITY  ACT  OF  OREGON. 


5 


§  480.  Term  “Public  Utility”  Defined. 

The  term  “public  utility,”  as  used  herein,  shall  mean  and 
embrace  all  corporations,  companies,  individuals,  associations 
of  individuals,  their  lessees,  trustees  or  receivers  (appointed 
by  any  court  whatsoever),  that  now  or  hereafter  may  own, 
operate,  manage  or  control,  any  plant  or  equipment  or  part 
of  a  plant  or  equipment  in  this  State  for  the  conveyance  of 
telegraph  or  telephone  messages,  with  or  without  wires,  or 
for  the  transportation  of  persons  or  property  by  street  railroad 
as  common  carriers,  or  for  the  production,  transmission,  deliv¬ 
ery  or  furnishing  of  heat,  light,  water  or  power,  and  any  and 
all  whether  either  directly  or  indirectly  to  or  for  the  public, 
and  whether  said  plant  or  equipment  or  part  thereof  is  wholly 
within  any  town  or  city,  or  not. 

No  plant  owned  or  operated  by  a  municipality  shall  be 
deemed  a  public  utility  under  or  for  the  purposes  of  this  act. 
[L.  1911,  c.  279,  p.  483,  §  1.] 

Compare  Wise.,  §  1797m-l.  (1) 

§  481.  Term  “Council”  Defined. 

The  term  “council,”  as  used  in  this  act,  shall  mean  and 
embrace  the  common  council,  city  council,  commission,  or  any 
other  governing  body  of  any  town,  city  or  other  municipal 
government  wherein  the  property  of  the  public  utility  or  any 
part  thereof  is  located.  [L.  1911,  c.  279,  p.  483,  §  2.] 

Compare  Wise.,  §  1797m-l.  (2) 

§  482.  Term  “Municipality”  Defined. 

The  term  “municipality,”  as  used  in  this  act,  shall  mean 
any  town,  city  or  other  municipal  government  wherein  prop¬ 
erty  of  the  public  utility  or  any  part  thereof  is  located. 
[L.  1911,  c.  279,  p.  484,  §  3.] 

Compare  Wise.,  §  1797m-l.  (3) 

§  483.  Term  “Service”  Defined. 

The  term  “service,”  is  used  in  this  act  in  its  broadest  and 
most  inclusive  sense,  and  includes  equipment  and  facilities. 
[L.  1911,  c.  279,  p.  484,  §  4.] 

Compare  Wise.,  §  1797?n-l.  (4) 

§  484.  Term  “Commission”  Defined. 

The  term  “commission,”  as  used  in  this  act,  shall  mean  the 
Railroad  Commission  of  Oregon.  [L.  1911,  c.  279,  p.  484,  §  5.] 

Compare  Wise.,  §  1797-m-l.  (6) 


6 


PUBLIC  UTILITY  ACT  OF  OREGON. 


§  485.  Jurisdiction  of  Railroad  Commission  to  Supervise  and  Regu¬ 
late  Public  Utilities. 

The  Railroad  Commission  of  Oregon  is  vested  with  power 
and  jurisdiction  to  supervise  and  regulate  every  public  utility 
in  this  State,  and  to  do  all  things  necessary  and  convenient 
in  the  exercise  of  such  power  and  jurisdiction.  [L.  1911, 
c.  279,  p.  484,  §  6.] 

Compare  Wise.,  §  1797m-2. 

§  486.  Adequate  Service  and  Reasonable  Rates  Required. 

Every  public  utility  is  required  to  furnish  adequate  and  safe 
service,  equipment,  and  facilities,  and  the  charges  made  by 
any  public  utility  for  any  heat,  light,  water  or  power  produced, 
transmitted,  delivered  or  furnished,  or  for  any  telegraph  or 
telephone  message  conveyed,  or  for  any  transportation  of 
persons  or  property  by  street  railroad,  or  for  any  service 
rendered  or  to  be  rendered  in  connection  therewith  shall  be 
reasonable  and  just,  and  every  unjust  or  unreasonable  charge 
for  such  service  is  prohibited  and  declared  to  be  unlawful. 
[L.  1911,  c.  279,  p.  484,  §  7.] 

Compare  Wise.,  §  1797m-3. 

§  487.  Common  User  of  Facilities,  Compensation,  Procedure  and 
Appeal;  Interchange  of  Business,  Traffic  or  Product. 

Every  public  utility,  and  every  person,  association  or  cor¬ 
poration  having  conduits,  subways,  street  railway  tracks, 
poles  or  other  equipment  on,  over  or  under  any  street  or  high¬ 
way  shall  for  a  reasonable  compensation  permit  the  use  of  the 
same  by  any  public  utility  whenever  public  convenience  or 
necessity  require  such  use  and  such  use  will  not  result  in 
irreparable  injury  to  the  owner  or  other  users  of  such  equip¬ 
ment  nor  in  any  substantial  detriment  to  the  service  to  be 
rendered  by  such  owners  or  other  users. 

In  case  of  failure  to  agree  upon  such  use  or  the  conditions 
or  compensation  for  such  use  any  public  utility  or  any  person, 
association  or  corporation  interested  may  apply  to  the  Com¬ 
mission,  and  if  after  investigation  the  Commission  shall 
ascertain  that  public  convenience  or  necessity  require  such 
use  and  that  it  would  not  result  in  irreparable  injury  to  the 
owner  or  other  users  of  such  equipment,  it  shall  by  order  direct 
that  such  use  be  permitted  and  prescribe  reasonable  conditions 
and  compensation  for  such  joint  use. 

Such  use  so  ordered  shall  be  permitted  and  such  conditions 
and  compensation  so  prescribed  shall  be  the  lawful  conditions 
and  compensation  to  be  observed,  followed  and  paid,  subject 
to  recourse  to  the  courts  upon  the  complaint  of  any  interested 


PUBLIC  UTILITY  ACT  OF  OREGON. 


7 


party  as  provided  in  sections  54,  55,  56,  57,  and  58,  inclusive 
[L.  1911,  c.  279,  p.  497],  and  such  sections  so  far  as  applicable 
shall  apply  to  any  suit  arising  on  such  complaint  so  made. 
Any  such  order  of  the  commission  may  be  from  time  to  time 
revised  by  the  commission  upon  application  of  any  interested 
party  or  upon  its  own  motion.  All  public  utilities  shall  afford 
all  reasonable  facilities  and  make  all  necessary  regulations  for 
the  interchange  of  business,  or  traffic  carried  or  their  product 
between  them,  when  ordered  by  the  commission  so  to  do. 
[L.  1911,  c.  279,  p.  484,  §  8.] 

The  sections  named  are  §§  533-537,  post. 

Compare  Wise.,  §  1797m-4. 

§  488.  Commission  to  Value  Property  of  Utilities. 

The  commission  shall  value  all  the  property  of  every  public 
utility  actually  used  and  useful  for  the  convenience  of  the 
public.  In  making  such  valuation  the  commission  may  avail 
itself  of  any  information  in  possession  of  the  Board  of  State 
Tax  Commissioners,  or  any  other  State  officer  or  board. 
[L.  1911,  c.  279,  p.  485,  §  9.] 

Compare  Wise.,  §  1797m-5. 

§  489.  Hearing  and  Determination  of  Value,  Re- Valuation. 

Before  final  determination  of  such  value  the  commission 
shall,  after  notice  to  the  public  utility,  hold  a  public  hearing 
as  to  such  valuation  in  the  manner  prescribed  for  hearing 
complaints  as  herein  prescribed,  and  the  provisions  of  this 
act  relative  to  hearings  on  complaints  on  the  commission's 
own  motion  so  far  as  applicable  shall  apply  to  such  hearing. 
The  commission  shall  within  five  days  after  such  valuation  is 
determined  serve  a  statement  thereof  upon  the  public  utility 
interested,  and  shall  file  a  like  statement  with  the  auditor, 
recorder  or  clerk  of  every  municipality  in  which  any  part  of 
the  plant  or  equipment  of  such  public  utility  is  located.  The 
commission  may  at  any  time  on  its  own  initiative  make  a 
re-valuation  of  such  property,  and  may  make  a  re-valuation 
upon  the  application  of  any  public  utility  filed  not  less  than 
six  months  after  the  service  of  such  statement.  [L.  1911, 
c.  279,  p.  485,  §  10.] 

Compare  Wise.,  §  1797m-6,  7. 

§  490.  Uniform  Accounting  by  Utility. 

Every  public  utility  shall  keep  and  render  to  the  commission 
in  the  manner  and  form  prescribed  by  the  commission  uni¬ 
form  accounts  of  all  business  transacted.  All  forms  of  accounts 
which  may  be  prescribed  by  the  commission  shall  conform 
as  nearly  as  practicable  to  similar  forms  prescribed  by  federal 


8 


PUBLIC  UTILITY  ACT  OF  OREGON. 


authority.  Every  public  utility  engaged  directly  or  indirectly 
in  any  other  business  than  that  of  the  transportation  of  per¬ 
sons  or  property  by  street  railroads  or  the  production,  trans¬ 
mission  or  furnishing  of  heat,  light,  water  or  power  or  the 
conveyance  of  telephone  messages  shall,  if  required  by  the 
commission,  keep  and  render  separately  to  the  commission 
in  like  manner  and  form  the  accounts  of  all  such  other  busi¬ 
ness,  in  which  case  all  the  provisions  of  this  act  shall  apply 
with  like  force  and  effect  to  the  books,  accounts,  papers  and 
records  of  such  other  business.  [L.  1911,  c.  279,  p.  485,  §  11.] 

Compare  Wise.,  §  1797m-8. 

§  491.  Commission  to  Prescribe  Forms  for  Accounts  and  Records; 

Other  Books  Shall  Not  Be  Kept. 

The  commission  shall  prescribe  the  forms  of  all  books, 
accounts,  papers  and  records  required  to  be  kept,  and  every 
public  utility  is  required  to  keep  and  render  its  books,  ac¬ 
counts,  papers  and  records  accurately  and  faithfully  in  the 
manner  and  form  prescribed  by  the  commission  and  to  com¬ 
ply  with  all  directions  of  the  commission  relating  to  such 
books,  accounts,  papers  and  records.  No  public  utility  shall 
keep  any  other  books,  accounts,  papers  or  records  of  its  public 
utility  business  transacted  than  those  prescribed  or  approved 
by  the  commission,  except  such  as  may  be  required  by  the 
laws  of  the  United  States.  [L.  1911,  c.  279,  p.  486,  §  12.] 

Compare  Wise.,  §  1797w-9,  11. 

§  492.  Commission  to  Furnish  Suitable  Blanks. 

The  commission  shall  cause  to  be  prepared  suitable  blanks 
for  reports  for  carrying  out  the  purposes  of  this  act,  and  shall, 
when  necessary,  furnish  such  blanks  for  reports  to  each  public 
utility.  [L.  1911,  c.  279,  p.  486,  §  13.] 

Compare  Wise.,  §  1797w-10. 

§  493.  Office  and  Records  of  Utility  Maintained  in  State. 

Each  public  utility  shall  have  an  office  in  one  of  the  towns 
or  cities  in  this  State  in  which  its  property  or  some  part 
thereof  is  located,  and  shall  keep  in  said  office  all  such  books, 
accounts,  papers  and  records  as  shall  be  required  by  the  com¬ 
mission  to  be  kept  within  the  State.  No  books,  accounts, 
papers  or  records  required  by  the  commission  to  be  kept 
within  the  State  shall  be  at  any  time  removed  from  the  State, 
except  upon  such  conditions,  as  may  be  prescribed  by  the 
commission.  [L.  1911,  c.  279,  p.  486,  §  14.] 

Compare  Wise.,  §  1797m-12. 


PUBLIC  UTILITY  ACT  OF  OREGON. 


9 


§  494.  Annual  Balance  Sheet,  Filing. 

The  accounts  shall  be  closed  annually  on  the  30th  day  of 
June  and  a  balance  sheet  of  that  date  promptly  taken  there¬ 
from.  On  or  before  the  first  day  of  August  following,  such 
balance  sheet,  together  with  such  other  information  as  the 
commission  shall  prescribe,  verified  by  an  officer  of  the  public 
utility,  shall  be  filed  with  the  commission.  [L.  1911,  c.  279, 
p.  486,  §  15.] 

Compare  Wise.,  §  1797?n-13. 

§  495.  Audit  of  Accounts;  Allocation  of  Items. 

The  commission  shall  provide  for  the  examination  and  audit 
of  all  accounts,  and  all  items  shall  be  allocated  to  the  accounts 
in  the  manner  prescribed  by  the  commission. 

The  agents,  accountants  or  examiners  employed  by  the 
commission  shall  have  authority  under  the  direction  of  the 
commission  to  inspect  and  examine  any  and  all  books, 
accounts,  papers,  records  and  memoranda  kept  by  such  public 
utilities.  [L.  1911,  c.  279,  p.  486,  §  16.] 

Compare  Wise.,  §  1797?n-I4. 

§  496.  Depreciation  Accounts;  Application  of  Funds. 

Every  public  utility  shall  carry  a  proper  and  adequate  de¬ 
preciation  account  whenever  the  commission  after  investiga¬ 
tion  shall  determine  that  such  depreciation  account  can  be 
reasonably  required.  The  commission  shall  ascertain  and 
determine  what  are  the  proper  and  adequate  rates  of  deprecia¬ 
tion  of  the  several  classes  of  property  of  each  public  utility. 
The  rates  shall  be  such  as  will  provide  the  amounts  required 
over  and  above  the  expenses  of  maintenance,  to  keep  such 
property  in  a  state  of  efficiency  corresponding  to  the  progress 
of  the  industry.  Each  public  utility  shall  conform  its  deprecia¬ 
tion  accounts  to  such  rates  so  ascertained  and  determined  by 
the  commission.  The  commission  may  make  changes  in  such 
rates  of  depreciation  from  time  to  time  as  it  may  find  to  be 
necessary. 

The  commission  shall  also  prescribe  rules,  regulations,  and 
forms  of  accounts  regarding  such  depreciation  which  the 
public  utility  is  required  to  carry  into  effect. 

The  commission  shall  provide  for  such  depreciation  in  fixing 
the  rates,  tolls  and  charges  to  be  paid  by  the  public. 

All  moneys  thus  provided  for  shall  be  set  aside  out  of  the 
earnings  and  carried  in  a  depreciation  fund.  The  moneys  m 
this  fund  may  be  expended  in  replacements,  new  construction, 
extensions  or  additions  to  the  property  of  such  public  utility, 
or  invested,  and  if  invested  the  income  from  the  investments 


10 


PUBLIC  UTILITY  ACT  OF  OREGON. 


shall  also  be  carried  in  the  depreciation  fund.  This  fund  and 
the  proceeds  thereof  shall  be  used  for  no  other  purpose  than 
as  provided  in  this  section  and  for  depreciation.  [L.  1911, 
c.  279,  p.  487,  §  17.] 

Compare  Wise.,  §  1797m-15. 

§  497.  New  Constructions,  Accounting. 

The  commission  shall  keep  itself  informed  of  all  new  con¬ 
struction,  extensions  and  additions  to  the  property  of  such 
public  utilities,  and  shall  prescribe  the  necessary  forms,  regula¬ 
tions  and  instructions  to  the  officers  and  employees  of  such 
public  utilities  for  the  keeping  of  construction  accounts,  which 
shall  clearly  distinguish  all  operating  expenses  and  new  con¬ 
struction.  [L.  1911,  c.  279,  p.  487,  §  18.] 

Compare  Wise.,  §  1797m-16. 

§  498.  Reports  by  Utilities;  Details. 

Each  public  utility  shall  furnish  to  the  commission  in  such 
form  and  at  such  times  as  the  commission  shall  require,  such 
accounts,  reports,  and  information  as  shall  show  in  itemized 
detail:  (1)  The  depreciation  per  unit,  (2)  the  salaries  and 
wages  separately  per  unit,  (3)  legal  expenses  per  unit,  (4) 
taxes  and  rentals  separately  per  unit,  (5)  the  quantity  and 
value  of  material  used  per  unit,  (6)  the  receipts  from  resid¬ 
uals,  by-products,  services  or  other  sales  separately  per  unit, 
(7)  the  total  and  net  cost  per  unit,  (8)  the  gross  and  net 
profit  per  unit,  (9)  the  dividends  and  interest  per  unit, 
(10)  the  surplus  or  reserve  per  unit,  (11)  the  prices  per  unit 
paid  by  consumers;  and  in  addition  such  other  items,  whether 
of  a  nature  similar  to  those  hereinbefore  enumerated  or  other¬ 
wise,  as  the  commission  may  prescribe  in  order  to  show  com¬ 
pletely  and  in  detail  the  entire  operation  of  the  public  utility 
in  furnishing  the  unit  of  its  product  or  service  to  the  public. 
[L.  1911,  c.  279,  p.  487,  §  19.] 

Compare  Wise.,  §  1797m-18. 

§  499.  Annual  Report  of  Commission. 

The  annual  report  of  the  commission  to  the  Governor  shall 
show  its  proceedings  under  this  act,  and  shall  also  show  the 
details  per  unit  as  provided  in  section  19  hereof  for  all  the 
public  utilities  of  each  kind  in  this  State,  together  with  such 
other  facts  and  suggestions  relative  thereto  as  the  commission 
shall  deem  advisable.  The  commission  shall  also  publish  in 
its  annual  reports  the  value  of  all  property  actually  used  and 
useful  for  the  convenience  of  the  public,  of  every  public  utility 
as  to  whose  rates,  charges,  service  or  regulations  any  hearing 


PUBLIC  UTILITY  ACT  OF  OREGON. 


11 


has  been.held  by  the  commission,  or  the  value  of  whose  prop¬ 
erty  has  been  ascertained  by  it  as  provided  in  this  act.  [L.  1911, 
c.  279,  p.  488,  §  20.] 

Section  19  mentioned  is  §  498,  ante,  of  this  compilation. 

Compare  Wise.,  §  1797m-19. 

§  500.  Units  of  Product  or  Service. 

The  commission  shall  ascertain  and  prescribe  for  each  kind 
of  public  utility  suitable  and  convenient  standard  commercial 
units  of  product  or  service.  These  shall  be  lawful  units  for 
the  purposes  of  this  act.  [L.  1911,  c.  279,  p.  488,  §  21.] 

Compare  Wise.,  §  1797?n-22. 

§  501.  Standards  for  Measurement,  Accurate  Appliances. 

The  commission  shall  ascertain  and  fix  adequate'  and  service¬ 
able  standards  for  the  measurement  of  quality,  pressure, 
initial  voltage  or  other  conditions  pertaining  to  the  supply  of 
the  product  or  service  rendered  by  any  public  utility  and  pre¬ 
scribe  reasonable  regulations  for  examination  and  testing  of 
such  product  or  service  and  for  the  measurement  thereof.  It 
shall  establish  reasonable  rules,  regulations,  specifications  and 
standards  to  secure  the  accuracy  of  all  meters  and  appliances 
for  measurements,  and  every  public  utility  is  required  to 
carry  into  effect  all  orders  issued  by  the  commission  relative 
thereto.  [L.  1911,  c.  279,  p.  488,  §  22.] 

Compare  Wise.,  §  1797m-23. 

§  502.  Testing  of  Measuring  Appliances,  Fees. 

The  commission  shall  provide  for  the  examination  and  test¬ 
ing  of  any  and  all  appliances  used  for  the  measuring  of  any 
product  or  service  of  a  public  utility,  and  may  provide  by  rule 
that  no  such  appliance  shall  be  installed  and  used  for  the 
measuring  of  any  product  or  service  of  any  public  utility 
until  the  same  has  been  examined  and  tested  by  the  commis¬ 
sion  and  found  to  be  accurate.  The  commission  shall  declare 
and  establish  a  reasonable  fee  governing  the  cost  of  such 
examination  and  test  which  shall  be  paid  to  the  commission 
by  the  public  utility. 

The  commission  shall  declare  and  establish  reasonable  fees 
for  the  testing  of  such  appliances  on  the  application  of  the 
consumer  or  user,  the  fee  to  be  paid  by  the  consumer  or  user 
at  the  time  of  his  request,  but  to  be  repaid  to  the  consumer 
or  user  by  the  commission  and  to  be  paid  by  the  public  utility 
if  the  appliance  be  found  defective  or  incorrect  to  the  dis¬ 
advantage  of  the  consumer  or  user  beyond  such  reasonable 
limit  as  may  be  prescribed  by  the  commission.  All  fees  col- 


12 


PUBLIC  UTILITY  ACT  OF  OREGON. 


lected  under  the  provisions  of  this  section  shall  be  paid  by 
the  commission  into  the  State  Treasury. 

The  commission  may  purchase  such  materials,  apparatus 
and  standard  measuring  instruments  for  such  examination 
and  tests  as  it  may  deem  necessary.  [L.  1911,  c.  279,  p.  488, 
§23.] 

Compare  Wise.,  §  1797m-24,  25. 

§  503.  Entry  Upon  Premises  for  Inspection  or  Test. 

The  commission,  its  agents,  experts,  examiners  or  inspect¬ 
ors  shall  have  power  to  enter  upon  any  premises  occupied  by 
any  public  utility  for  the  purpose  of  making  any  inspection, 
examination,  or  test  provided  in  this  act,  and  to  set  up  and 
use  on  such  premises  any  apparatus  and  appliances  and  occupy 
reasonable  space  therefor.  [L.  1911,  c.  279,  p.  489,  §  24.] 

Compare  Wise.,  §  1797w-26. 

§  504.  Rate  Schedules  to  Be  Filed;  Maximum  Charges. 

Every  public  utility  shall  file  with  the  commission  within  a 
time  to  be  fixed  by  the  commission,  schedules  which  shall  be 
open  to  public  inspection,  showing  all  rates,  tolls  and  charges 
which  it  has  established,  and  which  are  in  force  at  the  time 
for  any  service  performed  by  it  within  the  State,  or  for  any 
service  in  connection  therewith  or  performed  by  any  public 
utility  controlled  or  operated  by  it.  The  rates,  tolls  and 
charges  shown  on  such  schedules  shall  not  exceed  the  rates, 
tolls  and  charges  in  force  January  1,  1911.  [L.  1911,  c.  279, 

p.  489,  §  25.] 

Compare  Wise.,  §  1797m-27. 

§  505.  Rules  and  Regulations  and  Interstate  Schedules  to  Be  Filed. 

Every  public  utility  shall  file  with  and  as  part  of  every 
such  schedule  all  rules  and  regulations  that  in  any  manner 
affect  the  rates  charged  or  to  be  charged  for  any  service.  Every 
public  utility  shall  also  file  with  the  commission  copies  of  inter¬ 
state  rate  schedules  and  rules  and  regulations  issued  by  it  or 
to  which  it  is  a  party.  [L.  1911,  c.  279,  p.  489,  §  26.] 

Compare  Wise.,  §  1797ra-28. 

§  506.  Schedules  Accessible  to  Public. 

A  copy  of  so  much  of  said  schedules  as  the  commission 
shall  deem  necessary  for  the  use  of  the  public  shall  be  printed 
in  plain  type  and  kept  on  file  in  every  station  or  office  of 
such  public  utility  where  payments  are  made  by  the  consum¬ 
ers  or  users,  open  to  the  public,  in  such  form  and  place  as 
to  be  readily  accessible  to  the  public  and  as  can  be  conveni¬ 
ently  inspected.  |  L.  1911,  c.  279,  p.  489,  §27.] 

Compare  Wise.,  §  1797m-29. 


PUBLIC  UTILITY  ACT  OF  OREGON. 


13 


§  507.  Joint  Rates,  Filing  and  Publishing  Schedules. 

Where  a  schedule  of  joint  rates  or  charges  is  or  may  be  in 
force  between  two  or  more  public  utilities,  such  schedules  shall 
in  like  manner  be  printed  and  filed  with  the  commission,  and 
so  much  thereof  as  the  commission  shall  deem  necessary  for 
the  use  of  the  public  shall  be  filed  in  every  such  station  or  office 
as  provided  in  section  27  [Laws  1911,  chapter  279,  page  489]. 
[L.  1911,  c.  279,  p.  489,  §  28.] 

Section  27  is  §  506,  ante,  of  this  compilation. 

Compare  Wise.,  §  1797?n-30. 

§  508.  Changes  in  Schedules;  Ten  Days’  Notice. 

No  change  shall  thereafter  be  made  in  any  schedule,  includ¬ 
ing  schedules  of  joint  rates,  except  upon  ten  days’  notice  to  the 
commission,  and  all  such  changes  shall  be  plainly  indicated 
upon  existing  schedules,  or  by  filing  new  schedules  in  lieu 
thereof  ten  days  prior  to  the  time  the  same  are  to  take  effect ; 

; provided ,  that  the  commission,  upon  anplication  of  any  public 
utility,  may  prescribe  a  less  time  within  which  a  reduction 
may  be  made.  [L.  1911,  c.  279,  p.  490,  §  29.] 

Compare  Wise.,  §  1797m-31. 

§  509.  Revised  Schedules  to  Be  Open  to  Public. 

Copies  of  all  new  schedules  shall  be  filed  as  hereinbefore 
provided  in  every  station  and  office  of  such  public  utility 
where  payments  are  made  by  consumers  or  users  ten  days 
prior  to  the  time  the  same  are  to  take  effect,  unless  the  com¬ 
mission  shall  prescribe  a  less  time.  [L.  1911,  c.  279,  p.  490, 
§  30.] 

Compare  Wise.,  §  1797m-32. 

§  510.  Charges  Other  Than  as  Specified  in  Printed  Schedules  Un¬ 
lawful. 

It  shall  be  unlawful  for  any  public  utility  to  charge,  demand, 
collect  or  receive  a  greater  or  less  compensation  for  any 
service  performed  by  it  within  the  State  or  for  any  service 
in  connection  therewith  than  is  specified  in  such  printed 
schedules,  including  schedules  of  joint  rates,  as  may  at  the 
time  be  in  force,  or  to  demand,  collect  or  receive  any  rate, 
toll  or  charge  not  soecified  in  such  schedule.  The  rates,  tolls 
and  charges  named  therein  shall  be  the  lawful  rates,  tolls 
and  charges  until  the  same  are  changed  as  provided  in  this 
act.  [L.  1911,  c.  279,  p.  490,  §  31.] 

Compare  Wise.,  §  1797m-33. 

§  511.  Commission  May  Prescribe  Changes  in  Form  of  Schedules. 

The  commission  may  prescribe  such  changes  in  the  form 
in  which  the  schedules  are  issued  by  any  public  utility  as  may 


14 


PUBLIC  UTILITY  ACT  OF  OREGON 


be  found  to  be  expedient.  |L.  1911,  c.  279,  p.  490,  §  32.] 

Compare  Wise.,  §  1797m-34. 

§  512.  Classification  of  Utility  Service. 

The  commission  shall  provide  for  a  comprehensive  classifi¬ 
cation  of  service  for  each  public  utility,  and  such  classification 
may  take  into  account  the  quantity  used,  the  time  when  used, 
the  purpose  for  which  used,  and  any  other  reasonable  con¬ 
sideration.  Each  public  utility  is  required  to  conform  its 
schedules  of  rates,  tolls  and  charges  to  such  classification. 
[L.  1911,  c.  279,  p.  490,  §  33.] 

Compare  Wise.,  §1797m-35. 

§  513.  Commission  May  Prescribe  Rules  of  Procedure. 

The  commission  shall  have  power  to  adopt  and  amend  reas¬ 
onable  and  proper  rules  and  regulations  relative  to  all 
inspections,  tests,  audits  and  investigations,  and  to  adopt  and 
publish  reasonable  and  proper  rules  to  govern  its  proceedings 
and  to  regulate  the  mode  and  manner  of  all  investigations 
and  hearings  of  public  utilities  and  other  parties  before  it, 
and  any  person  may  appear  before  the  commission,  and  be 
heard,  or  may  appear  by  attorney.  All  hearings  shall  be  open 
to  the  public.  [L.  1911,  c.  279,  p.  490,  §  34.] 

Compare  Wise.,  §  1797w-36. 

§  514.  Inquiry  Into  Business  Management  of  Utilities;  Conference 
With  Other  Commissions. 

The  commission  shall  have  authority  to  inquire  into  the 
management  of  the  business  of  all  public  utilities,  and  shall 
keep  itself  informed  as  to  the  manner  and  method  in  which  the 
same  is  conducted,  and  shall  have  the  right  to  obtain  from  any 
public  utility  all  necessary  information  to  enable  the  commis¬ 
sion  to  perform  its  duties.  The  commission  may  confer  by 
correspondence,  or  by  attending  conventions,  or  otherwise  with 
public  utility  commissioners  of  other  states  or  the  United 
States  on  any  matter  relating  to  the  public  utilities.  [L.  1911, 
c.  279,  p.  491,  §  35.] 

Compare  Wise.,  §  1797m-37. 

§  515.  Inspection  of  Books  and  Papers. 

The  commission  or  any  commissioner  or  any  person  or  per¬ 
sons  employed  by  the  commission  for  that  purpose  shall,  upon 
demand,  have  the  right  to  inspect  the  books,  accounts,  papers, 
records  and  memoranda  of  any  public  utility,  and  to  examine, 
under  oath,  any  officer,  agent  or  employee  of  such  public 
utility  in  relation  to  its  business  and  affairs.  Any  person 


PUBLIC  UTILITY  ACT  OF  OREGON. 


15 


other  than  one  of  said  commissioners,  who  shall  make  such 
demand  shall  produce  a  certificate  under  the  seal  of  the  com¬ 
mission  showing  his  authority  to  make  such  inspection.  [L. 
1911,  c.  279,  p.  491,  §  36.] 

Compare  Wise.,  §  1797m -38. 

§  516.  Production  of  Books  and  Papers;  Process;  Penalty. 

The  commission  may  require,  by  order  or  subpoena  to  be 
served  on  any  public  utility  in  the  same  manner  that  a  sum¬ 
mons  is  served  in  a  civil  action  in  the  circuit  court,  the  pro¬ 
duction  within  this  State  at  such  time  and  place  as  it  may 
designate,  of  any  books,  accounts,  papers  or  records  kept 
by  said  public  utility  in  any  office  or  place  without  the  State 
of  Oregon,  or  verified  copies  in  lieu  thereof,  if  the  commission 
shall  so  order,  in  order  that  an  examination  thereof  may  be 
made  by  the  commission  or  under  its  direction.  Any  public 
utility  failing  or  refusing  to  comply  with  any  such  order  or 
subpoena  shall,  for  each  day  it  shall  so  fail  or  refuse,  forfeit 
and  pay  into  the  State  Treasury  a  sum  of  not  less  than  $50 
nor  more  than  $500.  [L.  1911,  c.  279,  p.  491,  §  37.] 

Compare  Wise.,  §  1797m-39. 

§  517.  Employees  of  Commission. 

The  commission  is  authorized  to  employ  such  engineers,  ex¬ 
aminers,  experts,  clerks,  accountants,  inspectors  and  other 
assistants  as  it  may  deem  necessary,  at  such  rates  of  compen¬ 
sation  as  it  may  determine  upon.  [L.  1911,  c.  279,  p.  491,  §  38.] 

Compare  Wise.,  §  1797m-40. 

§  518.  Appointment  of  Examiners,  Hearings  Before  Single  Commis¬ 
sioner  or  Examiner. 

For  the  purpose  of  making  any  investigation  which  may 
be  required  or  permitted  by  any  law  the  commission  shall 
have  power  to  appoint,  by  an  order  in  writing,  an  examiner, 
or  agent  whose  duties  shall  be  prescribed  in  such  order.  In 
the  discharge  of  his  duties  such  examiner  or  agent  shall  have 
every  power  whatsoever  of  an  inquisitorial  nature  granted  by 
this  or  any  other  act  to  the  commission  and  the  commissioners 
thereof  and  the  same  powers  as  a  notary  public  with  regard 
to  the  taking  of  depositions.  Any  investigation,  inquiry  or 
hearing  which  the  commission  has  power  to  undertake  or 
hold  may  be  undertaken  or  held  by  or  before  any  commissioner, 
examiner  or  agent  of  the  commission.  The  decision  of  the 
commission  shall  be  based  upon  its  examination  of  all  of  the 
testimony  and  records  in  the  matter  investigated  or  heard. 
[L.  1911,  c.  279,  p.  491,  §39.] 

Compare  Wise.,  §  1797m-41. 


16 


PUBLIC  UTILITY  ACT  OF  OREGON. 


§  519.  Utilities  to  Furnish  Commission  With  Information  Required. 

Every  public  utility  shall  furnish  to  the  commission  all  in¬ 
formation  required  by  it  to  carry  into  effect  the  provisions  of 
this  act  and  shall  make  specific  answers  to  all  questions  sub¬ 
mitted  by  the  commission. 

Any  public  utility  receiving  from  the  commission  any  blanks 
with  directions  to  fill  the  same,  shall  cause  the  same  to  be 
properly  filled  out  so  as  to  answer  fully  and  correctly  each 
question  therein  propounded,  and  in  case  it  is  unable  to  answer 
any  question,  it  shall  give  a  good  and  sufficient  reason  for  such 
failure;  and  said  answer  shall  be  verified  under  oath  by  the 
president,  secretary,  superintendent  or  general  manager  of 
such  public  utility  and  returned  to  the  commission  at  its  office 
within  the  period  fixed  by  the  commission. 

Whenever  required  by  the  commission,  every  public  utility 
shall  deliver  to  the  commission  any  or  all  maps,  profiles,  con¬ 
tracts,  reports  of  engineers,  and  all  documents,  books,  accounts, 
papers  and  records  or  copies  of  any  or  all  of  the  same,  with  a 
complete  inventory  of  all  its  property,  in  such  form  as  the 
commission  may  direct.  [L.  1911,  c.  279,  p.  492,  §  40.] 

Compare  Wise.,  §  1797m-42. 

§  520.  Complaint  Against  Utility  by  Patrons,  Etc. 

Upon  a  complaint  made  against  any  public  utility  by  any 
mercantile,  agricultural  or  manufacturing  society,  or  by  any 
body  politic  or  municipal  organization,  or  by  any  three  persons, 
firms,  corporations  or  associations,  that  any  or  all  of  the  rates, 
tolls,  charges  or  schedules  or  any  joint  rate  or  rates  are  in 
any  respect  unreasonable  or  unjustly  discriminatory,  or  that 
any  regulation,  measurement,  practice  or  act  whatsoever  affect¬ 
ing  or  relating  to  the  production,  transmission,  delivery  or 
furnishing  heat,  light  or  water  or  power  or  the  conveyance 
of  any  telegraph  or  telephone  message,  or  the  transporta¬ 
tion  of  persons  or  property  by  street  railroad,  or  any  service 
in  connection  therewith  is  in  any  respect  unreasonable,  insuffi¬ 
cient  or  unjustly  discriminatory,  or  that  any  service  rendered 
by  any  public  utility  is  inadequate  or  is  not  afforded,  the 
commission  shall  proceed,  with  or  without  notice,  to  make 
such  investigation  as  it  may  deem  necessary  or  convenient. 
But  no  order  affecting  said  rates,  tolls,  charges,  schedules, 
regulations,  measurements,  practice  or  act  complained  of  shall 
be  entered  by  the  commission  without  a  formal  hearing.  [L. 
1911,  c.  279,  p.  492,  §  41.] 

Compare  Wise.,  §  1797?n-43. 

§  521.  Notice  of  Complaint  to  Utility;  Notice  of  Hearing. 

The  commission  shall,  prior  to  such  formal  hearing,  notify 
the  public  utility  complained  of  that  complaint  has  been  made, 


PUBLIC  UTILITY  ACT  OF  OREGON. 


17 


and  to  answer  the  same,  and  at  the  same  time  or  afterward, 
may  proceed  to  set  a  time  and  place  for  a  hearing  and  an 
investigation  as  hereinafter  provided. 

The  commission  shall  give  the  public  utility  and  the  com¬ 
plainant,  if  any,  ten  days’  notice  of  the  time  and  place  when 
and  where  such  hearing  and  investigation  will  be  held  and 
such  matters  considered  and  determined.  Both  the  public 
utility  and  complainant  shall  be  entitled  to  be  heard,  and  shall 
have  process  to  enforce  the  attendance  of  witnesses.  [L.  1911, 
c.  279,  p.  493,  §  42.] 

Compare  Wise.,  §  1797m-44,  45. 

§  522.  Commission  to  Prescribe  Reasonable  Rates  and  Regulations. 

If,  upon  such  investigation,  any  rates,  tolls,  charges,  sched¬ 
ules  or  joint  rates,  shall  be  found  to  be  unjust,  unreasonable, 
insufficient  or  unjustly  discriminatory,  or  to  be  preferential 
or  otherwise  in  violation  of  any  of  the  provisions  of  this  act, 
the  commission  shall  have  power  to  fix  and  order  substituted 
therefor  such  rate  or  rates,  tolls,  charges  or  schedules  as  shall 
be  just  and  reasonable.  If  upon  such  investigation  it  shall 
be  found  that  any  regulation,  measurement,  practice,  act,  or 
service  complained  of  is  unjust,  unreasonable,  insufficient, 
preferential,  unjustly  discriminatory  or  otherwise  in  violation 
of  any  of  the  provisions  of  this  act,  or  if  it  be  found  that  any 
service  is  unsafe  or  inadequate  or  that  any  reasonable  service 
cannot  be  obtained  or  is  not  afforded,  the  commission  shall 
have  power  to  substitute  therefor  such  other  regulations,  meas¬ 
urements,  practices,  service  or  acts  and  to  make  such 
order  respecting,  and  such  changes  in  such  regulations,  meas¬ 
urements,  practices,  service  or  acts  as  shall  be  just  and  reason¬ 
able.  [L.  1911,  c.  279,  p.  493,  §  43.] 

Compare  Wise.,  §  1797?n-46. 

§  523.  Separate  Hearings  on  Complaint;  Direct  Damage  to  Com¬ 
plainant  Not  Essential. 

The  commission  may,  in  its  discretion,  when  a  complaint  is 
made  of  more  than  one  rate  or  charge,  order  separate  hear¬ 
ings  thereon,  and  may  consider  and  determine  the  several 
matters  complained  of  separately,  and  at  such  times  as  it  may 
prescribe.  No  complaint  shall  at  any  time  be  dismissed  be¬ 
cause  of  the  absence  of  direct  damage  to  the  complainant. 
[L.  1911,  c.  279,  p.  493,  §44.] 

Compare  Wise.,  §  1797m-48. 

§  524.  Investigation  on  Commission’s  Own  Motion. 

Whenever  the  commission  shall  believe  that  anv  rate  or 

«/ 

charge  or  schedule  of  rates  or  charges  may  be  unreasonable  or 

Sig.  2 


18 


PUBLIC  UTILITY  ACT  OF  OREGON. 


unjustly  discriminatory,  or  that  any  service  is  unsafe  or  inade¬ 
quate  or  is  not  afforded  or  that  an  investigation  of  any  matter 
relating  to  any  public  utility  should  for  any  reason  be  made, 
it  may  on  its  own  motion,  summarily  investigate  the  same 
with  or  without  notice.  If,  after  making  such  investigation, 
the  commission  becomes  satisfied  that  sufficient  grounds  exist 
to  warrant  a  hearing  being  ordered  to  determine  whether  any 
rate  or  charge  or  schedule  of  rates  or  charges  so  investigated 
is  unreasonable  or  unjustly  discriminatory,  or  whether  the 
service  investigated  is  unsafe  or  inadequate  or  is  not  afforded, 
or  that  an  investigation  of  any  other  matter  relating  to  such 
public  utilities  should  be  made,  it  shall  furnish  such  public 
utility  interested  a  statement,  notifying  the  public  utility  of 
the  matters  under  investigation,  which  said  statement  shall  be 
accompanied  by  a  notice  fixing  a  time  and  place  for  hearing 
upon  such  matters.  Notice  may  likewise  be  given  to  other 
parties  interested.  Such  notice  of  hearing  shall  be  given  at 
least  ten  days  in  advance  of  any  hearing.  Thereafter  pro¬ 
ceedings  shall  be  had  and  conducted  in  reference  to  the  matter 
investigated  in  like  manner  as  though  complaint  had  been  filed 
with  the  commission  relative  to  the  matter  investigated,  and 
the  same  order  or  orders  may  be  made  in  reference  thereto  as 
if  such  investigation  had  been  made  on  complaint.  [L.  1911, 
c.  279,  p.  493,  §  45.] 

Compare  Wrisc.,  §  1797m-49,  50,  51. 

§  525.  Utilities  May  Complain. 

Any  public  utility  may  make  complaint  as  to  any  matter 
affecting  its  own  product  or  service  with  like  effect  as  though 
made  by  any  mercantile,  agricultural  or  manufacturing  so¬ 
ciety,  body  politic  or  municipal  organization  or  by  any  ten  per¬ 
sons,  firms,  corporations  or  associations.  [L.  1911,  c.  279, 
p.  494,  §  46.] 

Compare  Wise.,  §  1797w-52. 

§  526.  Powers  of  Commissioners  and  Examiners  as  to  Production  of 
Testimony  and  Papers — Contempt  Proceedings — Penalty. 

Each  of  the  commissioners,  and  every  examiner  or  agent 
appointed,  as  herein  provided,  shall  for  the  purposes  mentioned 
in  this  act  and  for  the  purposes  mentioned  in  chapter  53  of 
the  Laws  of  Oregon  for  the  year  1907,  and  sections  6928  and 
6929  of  Lord’s  Oregon  Laws,  as  compiled  and  annotated  by 
Hon.  William  Paine  Lord  and  Richard  Ward  Montague,  have 
the  powrer  to  administer  oaths,  certify  to  official  acts,  issue 
notices  in  the  name  of  the  commission,  issue  subpoenas  under 
his  hand,  compel  the  attendance  of  witnesses  and  the  produc¬ 
tion  of  books,  accounts,  papers,  records,  documents  and  testi- 


PUBLIC  UTILITY  ACT  OF  OREGON. 


19 


mony,  and  to  take  and  receive  testimony,  conduct  hearings 
and  investigations,  whether  upon  complaint  or  upon  the  com¬ 
mission’s  own  motion. 

In  case  of  disobedience  on  the  part  of  any  person  or  persons 
to  comply  with  any  order  of  the  commission  or  any  commis¬ 
sioner,  examiner  or  agent  or  any  subpoena,  or,  on  the  refusal 
of  any  witness  to  testify  to  any  matter  regarding  which  he  may 
be  lawfully  interrogated  before  the  commission,  any  commis¬ 
sioner,  examiner  or  agent  authorized  as  provided  in  section  39 
[L.  1911,  c.  279,  p.  491],  it  shall  be  the  duty  of  the  circuit  court 
of  any  county  or  the  judge  thereof,  upon  application  of  the 
commission,  or  any  commissioner  to  compel  obedience  by  at¬ 
tachment  proceedings  for  contempt  as  in  the  case  of  dis¬ 
obedience  of  the  requirements  of  a  subpcena  issued  from  such 
court  or  a  refusal  to  testify  therein.  Any  person  who  shall 
neglect  or  refuse  to  attend  and  testify,  or  to  answer  any  lawful 
inquiry,  or  to  produce  books,  papers,  tariffs,  waybills,  contracts, 
accounts,  and  documents,  if  in  his  power  to  do  so,  in  obedience 
to  the  subpoena  or  lawful  requirement  of  the  commission,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  a 
court  of  competent  jurisdiction  shall  be  punished  by  a  fine  of 
not  less  than  $100  nor  more  than  $1,000,  or  by  imprisonment 
in  the  county  jail  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  [L.  1911,  c.  279,  p.  494,  §  47.] 

L.  1907,  c.  53,  and  L.  O.  L.  §§  6875-6945  are  the  Railroad  Commission  Act 
and  amendments  thereto.  Section  39  of  the  Public  Utilities  Act  is  §  518,  ante. 

Compare  Wise.,  §  1797m-53. 

§  527.  Witness  Fees  and  Mileage. 

Each  witness  who  shall  appear  before  the  commission  or 
its  agent  by  its  order,  shall  receive  for  his  attendance  the  fees 
and  mileage  now  provided  for  witnesses  in  civil  cases  in 
courts  of  record,  which  shall  be  audited  and  paid  by  the  State 
in  the  same  manner  as  other  expenses  are  audited  and  paid, 
upon  the  presentation  of  proper  vouchers  sworn  to  by  such 
witnesses  and  approved  by  the  commission;  provided,  no  wit¬ 
nesses  shall  be  entitled  to  receive  double  mileage  fees. 

No  witness  subpoenaed  at  the  instance  of  parties  other  than 
the  commission  shall  be  entitled  to  compensation  from  the 
State  for  attendance  or  travel  unless  the  commission  shall 
certify  that  his  testimony  was  material  to  the  matter  investi¬ 
gated.  [L.  1911,  c.  279,  p.  495,  §  48.] 

Compare  Wise.,  §  1797m-54. 

§  528.  Descriptions. 

The  commission  or  any  party  may,  in  any  investigation, 
cause  the  depositions  of  witnesses  residing  within  or  without 


20 


PUBLIC  UTILITY  ACT  OF  OREGON. 


the  State  to  be  taken  in  the  manner  prescribed  by  law  for  like 
depositions  in  civil  suits  in  the  circuit  court.  [L.  1911,  c.  279, 
p.  495,  §  49.] 

Compare  Wise.,  §  1797m-55. 

§  529.  Record  of  Proceedings  and  Testimony — Transcript  Received  in 
Evidence. 

A  full  and  complete  record  shall  be  kept  of  all  proceedings 
had  before  the  commission  or  any  commissioner,  examiner 
or  agent  on  any  investigation,  and  all  testimony  shall  be  taken 
down  by  the  stenographer  appointed  by  the  commission.  When¬ 
ever  any  complaint  is  served  upon  the  commission  under  the 
provisions  of  section  54  [L.  1911,  c.  279,  p.  497],  the  commis¬ 
sion  shall,  before  said  suit  is  reached  for  trial,  cause  a  certified 
transcript  of  all  proceedings  had  and  testimony  taken  upon 
such  investigation  to  be  filed  with  the  county  clerk  of  the  coun¬ 
ty  where  the  action  is  pending.  A  transcribed  copy  of  the  evi¬ 
dence  and  proceedings,  or  any  specific  part  thereof  on  any 
investigation,  taken  by  the  stenographer  appointed  by  the  com¬ 
mission,  being  certified  by  such  stenographer  to  be  a  true 
and  correct  transcript  in  long  hand  of  all  the  testimony  on  the 
investigation,  or  of  a  particular  witness,  or  of  other  specific 
parts  thereof,  carefully  compared  by  him  with  his  original 
notes,  and  to  be  a  correct  statement  of  the  evidence  and  pro¬ 
ceedings  had  on  such  investigation  so  purporting  to  be  taken 
and  transcribed,  shall  be  received  in  evidence  with  the  same 
effect  as  if  said  evidence  had  been  given  and  said  proceed¬ 
ings  had  upon  the  trial  in  which  said  transcript  or  any  part 
thereof  is  offered.  [L.  1911,  c.  279,  p.  495,  §  50.] 

Compare  Wise.,  §  1797m-57,  58. 

§  530.  Commission  to  Order  Substitution  of  Reasonable  Rates  and 
Service,  Taking  Effect  of  Order. 

Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act,  the  commission  shall  find  any  existing  rate  or  rates, 
or  any  schedule  of  rates,  tolls,  charges,  joint  rate  or  joint 
rates  to  be  unjust,  unreasonable,  insufficient  or  unjustly  dis¬ 
criminatory,  or  to  be  preferential  or  otherwise  in  violation  of 
any  of  the  provisions  of  this  act,  the  commission  shall  deter¬ 
mine  and  by  order  fix  reasonable  rate  or  rates,  schedule  of 
rates,  tolls,  charges  or  joint  rates  to  be  imposed,  observed  and 
followed  in  the  future  in  lieu  of  those  found  to  be  unjust, 
unreasonable,  insufficient  or  unjustly  discriminatory  or  prefer¬ 
ential  or  otherwise  in  violation  of  any  of  the  provisions  of 
this  act. 


PUBLIC  UTILITY  ACT  OF  OREGON. 


21 


Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act,  the  commission  shall  find  any  regulations,  meas¬ 
urements,  practices,  acts  or  service  to  be  unjust,  unreasonable, 
insufficient,  preferential,  unjustly  discriminatory,  or  otherwise 
in  violation  of  any  of  the  provisions  of  this  act;  or  shall  find 
that  any  service  is  unsafe  or  inadequate  or  that  any  service 
which  can  be  reasonably  demanded  is  not  afforded,  the  com¬ 
mission  shall  determine  and  declare  and  by  order  fix  reason¬ 
able  measurements,  regulations,  acts,  practices  or  service  to  be 
furnished,  imposed,  observed  and  followed  in  the  future  in 
lieu  of  those  found  to  be  unjust,  unreasonable,  insufficient, 
preferential,  unjustly  discriminatory,  unsafe,  inadequate,  or 
otherwise  in  violation  of  this  act,  as  the  case  may  be,  and  shall 
make  such  other  order  respecting  such  measurement,  regula¬ 
tion,  act,  practice  or  service  as  shall  be  just  and  reasonable. 
The  commission  shall  cause  a  certified  copy  of  all  such  orders 
to  be  delivered  to  an  officer  or  agent  of  the  public  utility 
affected  thereby,  and  all  such  orders  shall  of  their  own  force 
take  effect  and  become  operative  twenty  days  after  service 
thereof,  unless  a  different  time  be  provided  by  said  order.  The 
commission  may  provide  by  rule  that  any  public  utility  affected 
by  any  order  shall  within  a  time  to  be  fixed  by  the  commis¬ 
sion,  notify  the  commission  whether  the  terms  of  the  order 
are  accepted  and  will  be  obeyed.  [L.  1911,  c.  279,  p.  496,  §  51.] 

Compare  Wise.,  §  1797-ra-60  (1)  (2)  (4). 

§  531.  Revision  and  Amendment  of  Orders. 

The  commission  may  at  any  time,  upon  notice  to  the  public 
utility  and  after  opportunity  to  be  heard  as  provided  in  section 
42  [L.  1911,  c.  279,  p.  493],  rescind,  alter  or  amend  any  order 
fixing  any  rate  or  rates,  schedule  of  rates,  tolls,  charges,  or 
any  other  order  made  by  the  commission,  and  certified  copies  of 
the  same  shall  be  served  and  take  effect  as  herein  provided  for 
original  orders.  [L.  1911,  c.  279,  p.  497,  §  52.] 

Section  42  named  is  §  521  of  this  compilation. 

Compare  Wise.,  §  1797?n-62. 

§  532.  Orders  Enforced  Until  Set  Aside;  Prima  Facie  Lawful  and 
Reasonable. 

All  rates,  tolls,  charges,  schedules  and  joint  rates  fixed 
by  the  commission  shall  be  in  force  and  shall  be  prima  facie 
lawful,  and  all  regulations,  practices  and  services  prescribed 
by  the  commission  shall  be  in  force  and  shall  be  prima  facie 
lawful  and  reasonable  until  found  otherwise  in  a  suit  brought 
for  that  purpose  pursuant  to  the  provisions  of  sections  54, 
55,  56  and  57  of  this  act.  [L.  1911,  c.  279,  p.  497,  §  53.] 

The  sections  enumerated  are  §§  533-6,  post. 

Compare  Wise.,  §  1797m-63. 


22 


PUBLIC  UTILITY  ACT  OF  OREGON. 


§  533.  Suits  to  Set  Aside  Orders,  Procedure,  Precedence  in  Hearing, 
Burden  of  Proof. 

Any  public  utility  or  other  person,  persons  or  corporation 
interested  in  or  affected  by  any  order  of  the  commission  fixing 
any  rate  or  rates,  tolls,  charges,  schedules,  classifications,  joint 
rate  or  rates,  or  any  order  fixing  any  regulations,  practices,  act 
or  service,  being  dissatisfied  therewith,  may  commence  a  suit 
in  the  circuit  court  of  the  county  in  which  the  hearing  was 
held,  against  the  commission  as  defendant  to  vacate  and  set 
aside  any  such  order  or  specified  portion  thereof  on  the  ground 
that  the  order  or  portion  thereof  is  unlawful,  in  which  suit 
a  copy  of  the  complaint  shall  be  served  with  the  summons  as 
in  a  suit  in  equity.  The  commission  shall  serve  and  file  its 
answer  to  said  complaint  within  ten  days  after  the  service 
thereof,  whereupon  said  suit  shall  be  at  issue  and  stand  ready 
for  trial  upon  ten  days’  notice  by  either  party.  All  suits 
brought  under  this  section  shall  have  precedence  over  any 
civil  cause  of  a  different  nature  pending  in  said  court,  and 
the  circuit  court  shall  always  be  deemed  open  for  the  trial 
thereof,  and  the  same  shall  be  tried  and  determined  as  a  suit 
in  equity.  Every  such  suit  to  set  aside,  vacate  or  amend  any 
determination  or  order  of  the  commission  or  to  enjoin  the  en¬ 
forcement  thereof  or  to  prevent  in  any  way  such  order  or  de¬ 
termination  from  becoming  effective,  shall  be  commenced,  and 
every  appeal  to  the  courts  or  right  or  recourse  to  the  courts 
shall  be  taken  or  exercised  within  ninety  days  after  the  entry 
or  rendition  of  such  order  or  determination,  and  the  right  to 
commence  any  such  action,  proceeding  or  suit,  shall  terminate 
absolutely  at  the  end  of  such  ninety  days  after  such  entry  or 
rendition  thereof.  [L.  1911,  c.  279,  p.  497,  §  54.] 

Compare  Wise.,  §  1797ra-64,  65. 

§  534.  Suspension  or  Stay  of  Order  Pending  Suit  to  Set  Aside  Order, 
Terms  and  Bond. 

After  the  commencement  of  such  suit  the  circuit  court  may 
for  cause  shown,  upon  application  to  the  circuit  court  or  pre¬ 
siding  judge  thereof,  and  upon  notice  to  the  commission  and 
hearing,  suspend  or  stay  the  operation  of  the  order  of  the 
commission  complained  of  until  the  final  disposition  of  such 
suit,  upon  the  giving  of  such  bond  or  other  security,  and  upon 
such  conditions  as  the  court  may  require;  and  if  such  order 
of  injunction  suspends  the  order  or  requirement  of  the  com¬ 
mission  fixing  rates,  then  the  court  shall  require  a  bond  with 
good  and  sufficient  surety,  conditioned  that  the  public  utility 
or  public  utilities  applying  for  such  injunction  shall  answer 


PUBLIC  UTILITY  ACT  OF  OREGON. 


23 


for  all  damages  caused  by  the  delay  in  the  enforcement  of  the 
order  of  the  commission,  and  all  compensation  for  whatever 
sums  any  person  or  corporation  shall  be  compelled  to  pay  in 
excess  of  the  sums  such  person  or  corporation  would  have  been 
compelled  to  pay  if  the  order  of  the  commission  had  not  been 
suspended;  and  such  bond  shall  cover  the  periods  transpiring 
from  time  of  the  issuance  of  any  such  injunction  until  the 
final  determination  of  the  question  litigated.  The  said  bond 
shall  be  executed  in  favor  of  the  Railroad  Commission  of 
Oregon  for  the  benefit  of  whom  it  may  concern,  and  shall  be 
enforceable  by  said  commission  or  any  person  interested,  in 
an  appropriate  proceeding.  Any  person  paying  charges  found 
to  be  excessive  shall  have  a  claim  for  the  excess,  whether  paid 
under  protest  or  not,  and  unless  refunded  within  thirty  days 
after  written  demand  made  after  final  judgment,  may  recover 
the  same  by  action  against  such  public  utility,  or  such  public 
utility  and  the  sureties  on  such  bond.  Claims  of  persons  for 
money  collected  in  excess  of  the  amount  payable  under  the 
rate  or  rates  established  by  the  commission  shall  be  assignable 
in  the  same  manner  as  any  chose  in  action.  No  appeal  to  the 
Supreme  Court  shall  stay  the  operation  of  any  order  of  the 
commission  unless  the  circuit  or  Supreme  Court  shall  so  direct, 
and  unless  the  public  utility  so  appealing  shall  give  a  bond 
with  like  conditions  and  terms  as  that  given  on  granting 
injunctions  suspending  an  order  of  the  commission  fixing 
rates.  [L.  1911,  c.  279,  p.  497,  §  55.] 

Compare  Wise.,  §  1797to-66. 

§  535.  Reconsideration  by  Commission  When  New  Evidence  Intro¬ 
duced. 

If,  upon  the  trial  of  such  suit,  evidence  shall  be  introduced 
by  the  plaintiff  which  is  found  by  the  court  to  be  different  from 
that  offered  upon  the  hearing  before  the  commission  or  addi¬ 
tional  thereto,  the  court  before  proceeding  to  render  judgment, 
unless  the  parties  to  such  suit  stipulate  in  writing  to  the  con¬ 
trary,  shall  transmit  a  copy  of  such  evidence  to  the  commis¬ 
sion  and  shall  stay  further  proceedings  in  said  action  for 
fifteen  days  from  the  date  of  such  transmission.  Upon  the 
receipt  of  such  evidence  the  commission  shall  consider  the 
same,  and  may  alter,  modify,  amend  or  rescind  its  order  relat¬ 
ing  to  such  rate  or  rates,  fares,  charges,  classification,  joint 
rate  or  rates,  regulation,  practice,  service  or  equipment  com¬ 
plained  of  in  said  action,  and  shall  report  its  action  thereon  to 
said  court  within  ten  days  from  the  receipt  of  such  evidence. 

If  the  commission  shall  rescind  its  order  complained  of  the 
suit  shall  be  dismissed ;  if  it  shall  alter,  modify  or  amend  the 


24 


PUBLIC  UTILITY  ACT  OF  OREGON 


same,  such  altered,  modified  or  amended  order  shall  take  the 
place  of  the  original  order  complained  of,  and  judgment  or 
decree  shall  be  rendered  thereon,  as  though  made  by  the  com¬ 
mission  in  the  first  instance.  If  the  original  order  shall  not 
be  rescinded  or  changed  by  the  commission,  judgment  or  de¬ 
cree  shall  be  rendered  upon  such  original  order.  [L.  1911, 
c.  279,  p.  498,  §  56.] 

Compare  Wise.,  §  1797m-67,  68. 

§  536.  Appeal  to  Supreme  Court,  Precedence  Upon  Calendar. 

Either  party  to  said  suit,  within  sixty  days  after  the  entry 
of  the  judgment  or  decree  of  the  circuit  court,  may  appeal 
to  the  Supreme  Court.  Where  an  appeal  is  taken  the  cause 
shall,  on  the  return  of  the  papers  to  the  Supreme  Court,  be 
immediately  placed  on  the  calendar  of  the  then  pending  term, 
and  shall  be  assigned  and  brought  to  a  hearing  in  the  same 
manner  as  other  cases  on  the  calendar,  but  shall  have  pre¬ 
cedence  over  civil  causes  of  a  different  nature  pending  in  said 
court.  [L.  1911,  c.  279,  p.  499,  §  57.] 

Compare  Wise.,  §  1797m-69. 

§  537.  Procedure  as  in  Civil  Actions;  Burden  of  Proof  of  Unlawful¬ 
ness  or  Unreasonableness. 

In  all  suits,  actions  and  proceedings  in  court  arising  under 
this  act  all  processes  shall  be  served  and  the  practice  and  rules 
of  evidence  shall  be  the  same  as  in  civil  actions,  except  as 
otherwise  in  this  act  provided. 

In  all  trials,  actions,  suits  and  proceedings  arising  under  the 
provisions  of  this  act,  or  growing  out  of  the  exercise  of  the 
authority  and  powers  granted  herein  to  the  commission,  the 
burden  of  proof  shall  be  upon  the  party  adverse  to  such  com¬ 
mission  or  seeking  to  set  aside  any  determination,  requirement, 
direction  or  order  of  said  commission,  to  show  by  clear  and 
satisfactory  evidence  that  the  determination,  requirement,  di¬ 
rection  or  order  of  the  commission  complained  of  is  unreason¬ 
able  or  unlawful  as  the  case  may  be.  [L.  1911,  c.  279,  p.  499, 
§58.] 

Compare  Wise.,  §  1797w-70,  71. 

§  538.  Incriminating  Evidence;  Immunity  Does  Not  Extend  to  Cor¬ 
poration. 

No  person  shall  be  excused  from  testifying  or  from  pro¬ 
ducing  books  and  papers  in  any  proceedings  based  upon  or 
growing  out  of  any  violation  of  the  provisions  of  this  act  on 
the  ground  or  for  the  reason  that  the  testimony  or  evidence, 
documentary  or  otherwise,  required  of  him  may  tend  to  in- 


PUBLIC  UTILITY  ACT  OF  OREGON. 


25 


criminate  him  or  subject  him  to  penalty  or  forfeiture,  but  no 
person  having  so  testified  shall  be  prosecuted  or  subjected  to 
any  penalty  or  forfeiture  for,  or  on  account  of,  any  transaction, 
matter  or  thing  concerning  which  he  may  have  testified  or  pro¬ 
duced  any  documentary  evidence;  provided ,  that  no  person  so 
testifying  shall  be  exempted  from  prosecution  or  punishment 
for  perjury  in  so  testifying;  and  provided ,  the  immunity  here¬ 
by  conferred  shall  extend  only  to  a  natural  person  who,  in 
obedience  to  a  subpoena,  gives  testimony  under  oath  or  pro¬ 
duces  evidence,  documentary  or  otherwise,  under  oath.  [L. 
1911,  c.  279,  p.  499,  §  59.] 

Compare  Wise.,  §  1797ra-72. 

§  539.  Certified  Copies  of  Orders  Furnished- 

Upon  application  of  any  person  the  commission  shall  fur¬ 
nish  certified  copies,  under  the  seal  of  the  commission,  of  any 
order  made  by  it,  which  shall  be  prima  facie  evidence  of  the 
facts  stated  therein.  [L.  1911,  c.  279,  p.  500,  §  60.] 

Compare  Wise.,  §  1797m-73. 

§  540.  Power  of  Municipality  to  Regulate  Utilities ;  Appeal. 

Every  municipality  shall  have  power — 

(1)  To  determine  by  contract,  ordinance  or  otherwise  the 
quality  and  character  of  each  kind  of  product  or  service  to  be 
furnished  or  rendered  by  any  public  utility  furnishing  any 
product  of  service  within  said  municipality  and  all  other  terms 
and  conditions  not  inconsistent  with  this  act  upon  which 
such  public  utility  may  be  permitted  to  occupy  the  streets, 
highways  or  other  public  property  within  such  municipality, 
and  such  contract,  ordinance  or  other  determination  of  such 
municipality  shall  be  in  force  and  prima  facie  reasonable. 
Upon  complaint  made  by  such  public  utility  or  by  any  quali¬ 
fied  complainant  as  provided  in  section  41  [L.  1911,  c.  271, 
p.  492],  the  commission  shall  set  a  hearing  as  provided  in 
section  42  and  if  it  shall  find  such  contract,  ordinance  or  other 
determination  to  be  unreasonable,  such  contract,  ordinance 
or  other  determination  shall  be  void;  provided ,  hoivevei *  that 
no  ordinance  or  other  municipal  regulation  shall  be  reviewed 
by  the  commission  under  the  provisions  of  this  section  which 
was  prior  to  such  review  enacted  by  the  initiative  or  which 
was  prior  to  such  review  referred  to  and  approved  by  the 
people  of  said  municipality,  or  while  a  referendum  thereon 
is  pending. 

(2)  To  require  of  any  public  utility  by  ordinance  or  other¬ 
wise  such  modifications,  additions  and  extensions  to  its  physi¬ 
cal  equipment,  facilities  or  plant  or  service  within  said  muni- 


26 


PUBLIC  UTILITY  ACT  OF  OREGON. 


cipality  as  shall  be  reasonable  and  necessary  in  the  interest 
of  the  public,  and  to  designate  the  location  and  nature  of  all 
such  additions  and  extensions,  the  time  within  which  they 
must  be  completed,  and  all  conditions  under  which  they  must 
be  constructed  subject  to  review  by  the  commission  as  pro¬ 
vided  in  this  section. 

(3)  To  provide  for  a  penalty  for  non-compliance  with  the 
provisions  of  any  ordinance  or  resolution  adopted  pursuant 
to  the  provisions  hereof. 

(4)  The  power  and  authority  granted  in  this  section  shall 
exist  and  be  vested  in  said  municipalities,  anything  in  this  act 
to  the  contrary  notwithstanding.  [L.  1911,  c.  279,  p.  500,  §  61.] 

Sections  41-2  mentioned  are  §§  520-1  of  this  compilation. 

Compare  Wise.,  §  1797ra-87. 

§  541.  Passes,  Pranks  and  Privileges  Denied  Political  Committees  and 
Candidates — Penalty. 

No  public  utility  or  any  agent  or  officer  thereof,  or  any 
agent  or  officer  of  any  municipality  constituting  a  public  util¬ 
ity,  as  defined  in  this  act,  shall  offer  or  give  for  any  purpose 
to  any  political  committee  or  any  member  or  employee  thereof 
to  any  candidate  for  or  incumbent  of  any  office  or  position 
under  the  constitution  or  laws  or  under  any  ordinance  of  any 
municipality  of  this  State,  or  to  any  person  at  the  request,  or 
for  the  advantage  of  all  or  any  of  them,  any  pass,  reduced 
rate,  frank  or  any  privilege  withheld  from  any  person  for  any 
transportation,  product  or  service  produced,  transmitted, 
delivered,  furnished  or  rendered,  or  to  be  transported,  pro¬ 
duced,  transmitted,  delivered,  furnished  or  rendered  by  any 
public  utility,  or  the  conveyance  of  any  telephone  message  or 
communication  or  any  free  produce  or  service  whatsoever. 

No  political  committee  and  no  member  or  employee  thereof, 
no  candidate  for  and  no  incumbent  of  any  office  or  position 
under  the  constitution  or  laws  or  under  any  ordinance  of  any 
town  or  municipality  of  this  State,  shall  ask  for  or  accept 
from  any  public  utility  or  any  agent  or  officer  thereof,  or  any 
agent  or  officer  of  any  municipality  constituting  a  public  utility, 
as  defined  in  this  act,  or  use  in  any  manner  or  for  any  purpose 
any  pass,  reduced  rate,  frank  or  privilege  withheld  from  any 
person,  for  any  transportation  product  or  service  produced, 
transmitted,  delivered,  furnished  or  rendered,  or  to  be  pro¬ 
duced,  transmitted,  delivered,  furnished  or  rendered  by  any 
public  utility,  or  the  conveyance  of  any  telephone  message  or 
communication.  Any  violation  of  any  of  the  provisions  of 
this  section  shall  be  punished  by  imprisonment  in  the  State 
penitentiary  not  more  than  five  years  nor  less  than  one  year 


PUBLIC  UTILITY  ACT  OF  OREGON. 


27 


or  by  fine  not  exceeding  $1,000  nor  less  than  $200,  or  by  both 
such  fine  and  imprisonment.  [L.  1911,  c.  279,  p.  501,  §  62.] 

Compare  Wise.,  §  1797m-82. 

§  542.  Unjust  Discrimination,  Prohibited;  Definition — Penalty — Per¬ 
missible  Free  or  Reduced  Rate  Service. 

If  any  public  utility  or  any  agent  or  officer  thereof  shall, 
directly  or  indirectly,  by  any  device  whatsoever  or  otherwise, 
charge,  demand,  collect  or  receive  from  any  person,  firm  or 
corporation  a  greater  or  less  compensation  for  any  service  ren¬ 
dered  or  to  be  rendered  by  it  in  or  effecting  it  relating  to  the 
transportation  of  persons  or  property  by  street  railroad,  or  to 
the  production,  transmission,  delivery  or  furnishing  of  heat, 
light,  water  or  power  or  the  conveyance  of  telegraph  or  tele¬ 
phone  messages  or  for  any  service  in  connection  therewith 
than  that  prescribed  in  the  public  schedules  or  tariffs  then  in 
force  or  established  as  provided  therein,  or  than  it  charges, 
demands,  collects  or  receives  from  any  other  person,  firm  or 
corporation  for  a  like  and  contemporaneous  service  under  sub¬ 
stantially  similar  circumstances,  such  public  utility  shall  be 
deemed  guilty  of  unjust  discrimination,  which  is  hereby  pro¬ 
hibited  and  declared  to  be  unlawful,  and  upon  conviction  there¬ 
of  shall  forfeit  and  pay  into  the  State  treasury  not  less  than 
$100  nor  more  than  $1,000  for  each  offense;  and  such  agent  or 
officer  so  offending  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  $50  nor  more  than  $100  for  each  offense;  provided, 
that  this  provision  shall  not  be  construed  to  prohibit  the  priv¬ 
ilege  of  passes  or  franks  or  the  exchange  thereof  with  each 
other  for  the  officers,  agents,  employees  and  their  families  of 
street  railroads,  telegraph,  telephone  and  cable  lines,  and  the 
officers,  agents,  employees  and  their  families  of  other  street 
railroads,  telegraph,  telephone  and  cable  lines  and  with  the 
officers,  employees  and  their  families  of  railroad,  express  and 
sleeping  car  lines,  union  depots  and  other  common  carriers; 
provided,  hoivever,  that  nothing  in  this  act  shall  be  construed 
to  prevent  telephone,  telegraph  and  cable  companies  from 
entering  into  contracts  with  common  carriers  for  the  exchange 
of  services.  Nothing  herein  shall  prevent  the  transportation  of 
persons  or  property  or  the  production,  transmission,  delivery 
or  furnishing  of  heat,  light,  water  or  power,  or  the  conveying 
of  telegraph  or  telephone  messages  within  this  State  free  or 
at  reduced  rates  for  the  United  States,  the  State,  or  any 
municipality  thereof,  or  for  charitable  purposes,  or  to  em¬ 
ployees  of  any  such  public  utility  for  their  own  exclusive  use 
and  benefit,  nor  prevent  any  such  public  utility  from  giving 


28 


PUBLIC  UTILITY  ACT  OF  OREGON. 


free  transportation  or  service,  or  reduced  rates  therefor,  to 
its  officers,  agents,  surgeons,  physicians,  employees  and  attor¬ 
neys  at  law,  or  members  of  their  families,  or  to  former  em¬ 
ployees  to  such  public  utilities  or  members  of  their  families 
where  such  former  employees  have  become  disabled  in  the 
service  of  such  public  utility  or  are  unable  from  physical  dis¬ 
qualification  to  continue  in  the  service,  or  to  members  of 
families  of  deceased  employees  of  such  public  utility;  to 
ministers  of  religion,  inmates  of  hospitals  and  charitable  and 
eleemosynary  institutions  and  persons  exclusively  engaged  in 
charitable  and  eleemosynary  work.  The  commission  may  in 
its  discretion  require  to  be  filed  with  it  by  any  public  utility  a 
list,  verified  under  oath  of  the  president,  manager,  superin¬ 
tendent  or  secretary  of  any  public  utility,  of  all  free  or  reduced 
rate  privileges  granted  by  such  public  utility  under  the  pro¬ 
visions  of  this  section.  [L.  1911,  c.  279,  p.  501,  §  63.] 

Compare  Wise.,  §  1797m-89. 

§  543.  Facilities  in  Exchange  for  Less  Compensation  Prohibited; 

Exceptions. 

It  shall  be  unlawful  for  any  public  utility  to  demand,  charge, 
collect,  or  receive  from  any  person,  firm  or  corporation  less 
compensation  for  any  service  rendered  or  to  be  rendered  by 
said  public  utility  in  consideration  of  the  furnishing  by  said 
person,  firm  or  corporation  of  any  part  of  the  facilities 
incident  thereto;  'provided ,  nothing  herein  shall  be  construed 
as  prohibiting  any  public  utility  from  renting  any  facilities 
incident  to  the  transportation  of  persons  or  property  by  street 
railroad,  or  to  the  production,  transmission,  delivery  or  fur¬ 
nishing  of  heat,  light,  water  or  power  or  the  conveyance  of 
telephone  messages  and  paying  a  reasonable  rental  therefor, 
or  as  requiring  any  public  utility  to  furnish  any  part  of  such 
appliances  which  are  situated  in  and  upon  the  premises  of 
any  consumer  or  user,  except  telephone  station  equipment 
upon  the  subscriber’s  premises,  and  unless  otherwise  ordered 
by  the  commission  meters  and  appliances  for  measurements 
of  any  product  or  service.  [L.  1911,  c.  279,  p.  503,  §  64.] 

Compare  Wise.,  §  1797m-90  (amendment  in  Wise.,  L.  1909,  c.  213). 

§  544.  Undue  Preferences  Prohibited;  Penalty — Existing  Contracts 

Respected. 

If  any  public  utility  shall  make  or  give  any  undue  or  un¬ 
reasonable  preference  or  advantage  to  any  particular  per¬ 
son,  firm,  or  corporation,  or  to  any  particular  locality,  or  shall 
subject  any  particular  person,  firm,  corporation  or  locality 
to  any  undue  or  unreasonable  prejudice  or  advantage  in 


PUBLIC  UTILITY  ACT  OF  OREGON. 


29 


any  respect  whatsoever,  such  public  utility  shall  be  deemed 
guilty  of  unjust  discrimination  which  is  hereby  prohibited 
and  declared  unlawful.  Any  person,  firm  or  corporation  con¬ 
victed  of  violating  any  of  the  provisions  of  this  section  shall 
forfeit  and  pay  into  the  State  treasury  not  less  than  $100  nor 
more  than  $10,000  for  each  offense;  and  any  agent  or  officer 
of  any  public  utility,  person,  firm  or  corporation  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  $100  nor 
more  than  $1,000  for  each  offense.  [L.  1911,  c.  279,  p.  503, 
§  65.] 

Compare  Wise.,  §  1797m-91. 

§  545.  Rebates,  Concessions  and  Discriminations  Prohibited;  Penalty. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation 
knowingly  to  solicit,  accept  or  receive  any  rebate,  concession 
or  discrimination  in  respect  to  any  service  in  or  affecting  or 
relating  to  the  transportation  of  persons  by  street  railroad,  or 
to  production,  transmission,  delivery  or  furnishing  of  heat, 
light,  water  or  power  or  the  conveying  of  telegraph  or  tele¬ 
phone  messages  within  this  State,  or  for  any  service  in  connec¬ 
tion  therewith  whereby  any  such  service  shall,  by  any  device 
whatsoever,  or  otherwise,  be  rendered  free  or  at  a  less  rate 
than  that  named  in  the  published  schedules  and  tariffs  in  force 
as  provided  herein,  or  whereby  any  service  or  advantage  is 
received  other  than  is  herein  specified.  Any  person,  firm  or 
corporation  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$1,000  for  each  offense.  [L.  1911,  c.  279,  p.  503,  §  66.] 

Compare  Wise.,  §  1797m-92. 

§  546.  Treble  Damages  for  Violation  of  Act  by  Public  Utility;  Attor¬ 
ney’s  Fees;  Statute  Penalty  Not  Affected  by  Civil  Damages. 

If  any  public  utility  shall  do  or  cause  to  be  done  or  permit 
to  be  done  any  matter,  act  or  thing  in  this  act  prohibited,  or 
declared  to  be  unlawful,  or  shall  omit  to  do  any  act,  matter 
or  thing  required  to  be  done  by  it,  such  public  utility  shall  be 
liable  to  the  person,  firm  or  corporation  injured  thereby  in 
treble  the  amount  of  damages  sustained  in  consequence  of 
such  violation,  together  with  a  reasonable  counsel’s  or  attor¬ 
ney’s  fee  to  be  fixed  by  the  court  in  every  case  of  recovery, 
which  attorney’s  fee  shall  be  taxed  and  collected  as  part  of 
the  costs  in  the  case;  'provided,  that  any  recovery  as  in  this 
section  provided  shall  in  no  manner  affect  recovery  by  the 


30 


PUBLIC  UTILITY  ACT  OF  OREGON 


State  of  the  penalty  prescribed  for  such  violation.  [L.  1911, 
c.  279,  p.  504,  §  67.] 

Compare  Wise.,  §  1797w-93. 

§  547.  Information,  Papers  and  Accounting  Denied  Commission — 
Penalty. 

Any  officer,  agent  or  employee  of  any  public  utility  who  shall 
fail  or  refuse  to  fill  out  and  return  any  blanks  as  required 
by  this  act,  or  shall  fail  or  refuse  to  answer  any  question 
therein  propounded,  or  shall  knowingly  or  willfully  give  a  false 
answer  to  any  such  question  or  shall  evade  the  answer  to  any 
such  question  where  the  fact  inquired  of  is  within  his  knowl¬ 
edge  or  who  shall,  upon  proper  demand,  fail  or  refuse  to  ex¬ 
hibit  to  the  commission  or  any  commissioner  or  any  person 
authorized  to  examine  the  same,  any  book,  paper,  account, 
record,  or  memorandum  of  such  public  utility  which  is  in  his 
possession  or  under  his  control,  or  who  shall  fail  to  properly 
use  and  keep  his  system  of  accounting  or  any  part  thereof  as 
prescribed  by  the  commission,  or  who  shall  refuse  to  do  any 
act  or  thing  in  connection  with  such  system  of  accounting 
when  so  directed  by  the  commission  or  its  authorized  repre¬ 
sentative,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
$1,000  for  each  offense.  A  penalty  of  not  less  than  $500  nor 
more  than  $1,000  shall  be  recovered  from  the  public  utility 
for  each  such  offense  when  such  officer,  agent  or  employee 
acted  in  obedience  to  the  direction,  instruction  or  request  of 
such  public  utility  or  any  general  officer  thereof.  [L.  1911, 
c.  279,  p.  504,  §  68.] 

Compare  Wise.,  §  1797m-94. 

§  548.  Violations  of  Act  in  General;  Penalties — Utility  Held  Respon¬ 
sible  for  Agents. 

If  any  public  utility  shall  violate  any  provisions  of  this  act, 
or  shall  do  any  act  herein  prohibited,  or  shall  fail  or  refuse 
to  perform  any  duty  enjoined  upon  it  for  which  a  penalty  has 
not  been  provided,  or  shall  fail,  neglect  or  refuse  to  obey  any 
lawful  requirement,  order  made  by  the  commission  or  council, 
or  any  judgment  or  decree  made  by  any  court  upon  the  appli¬ 
cation  of  the  commission,  for  every  such  violation,  failure  or 
refusal,  such  public  utility  shall  forfeit  and  pay  into  the  State 
treasury  a  sum  of  not  less  than  $100  nor  more  than  $10,000  for 
such  offense.  In  construing  and  enforcing  the  provisions  of 
this  section,  the  act,  omission  or  failure  of  any  officer,  agent 
or  other  person  acting  for  or  employed  by  any  public  utility 
acting  within  the  scope  of  his  employment,  shall  in  every  case 


PUBLIC  UTILITY  ACT  OF  OREGON. 


31 


be  deemed  to  be  the  act,  omission  or  failure  of  such  public 
utility.  All  penalties,  fines  or  forfeitures  or  other  sums  col¬ 
lected  or  paid  under  the  provisions  of  this  act,  shall  be  paid 
into  the  general  fund  of  the  State  treasury  except  where  it  is 
provided  the  same  shall  be  paid  to  the  aggrieved  party.  [L. 
1911,  c.  279,  p.  504,  §  69.] 

Compare  Wise.,  §  1797m-95. 

§  549.  Interference  With  Commission’s  Equipment;  Penalty. 

Any  person  who  shall  destroy,  injure,  or  interfere  with  any 
apparatus  or  appliance  owned  or  operated  by  or  in  charge  of 
the  commission  or  its  agent,  or  any  apparatus  or  appliance 
sealed  by  it,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  fine  not  exceeding  $100  or 
imprisonment  for  a  period  not  exceeding  thirty  days  or  both. 
Any  public  utility  knowingly  permitting  the  destruction,  in¬ 
jury  to,  or  interference  with  any  such  apparatus  or  appliance, 
or  with  the  seal  affixed  to  any  apparatus  or  appliance  by  direc¬ 
tion  of  the  commission,  shall  forfeit  a  sum  not  exceeding 
$1,000  for  each  such  offense.  [L.  1911,  c.  279,  p.  505,  §  70.] 

Compare  Wise.,  §  1797m-97. 

§  550.  Temporary  Alteration  or  Suspension  of  Rates. 

The  commission  shall  have  power,  when  deemed  by  it  neces¬ 
sary  to  prevent  injury  to  the  business  or  interests  of  the  people 
or  any  public  utility  of  this  State  in  case  of  any  emergency  to 
be  judged  of  by  the  commission,  to  temporarily  alter,  amend, 
or  with  the  consent  of  the  public  utility  concerned,  suspend 
any  existing  rates,  schedules  and  order  relating  to  or  affecting 
any  public  utility  or  part  of  any  public  utility  in  this  State. 
Such  rates  so  made  by  the  commission  shall  apply  to  one  or 
more  of  the  public  utilities  in  this  State  or  to  any  portion 
thereof  as  may  be  directed  by  the  commission,  and  shall  take 
effect  at  such  time  and  remain  in  force  for  such  length  of 
time  as  may  be  prescribed  by  the  commission.  [L.  1911, 
c.  279,  p.  505,  §  71.] 

Compare  Wise.,  §  1797m-99. 

§  551.  Unreasonable  Rates,  Practices  and  Services  not  Specifically 
Designated  May  Be  Regulated. 

Whenever,  after  hearing  an  investigation  as  provided  in 
this  act,  the  commission  shall  find  that  any  rate,  toll,  charge, 
regulation  or  practice  for,  in,  or  affecting  or  relating  to  the 
transportation  of  persons  or  property  by  street  railroad,  or  to 
production,  transmission,  delivery  or  furnishing  of  heat,  light, 
water  or  power  or  the  conveying  of  any  telephone  or  telegraph 


32 


PUBLIC  UTILITY  ACT  OF  OREGON 


message  or  any  service  in  connection  therewith  not  herein¬ 
before  specifically  designated,  is  in  any  respect  unsafe,  inade¬ 
quate,  unreasonable  or  unjustly  discriminatory,  it  shall  have 
the  power  to  regulate  the  same  as  provided  in  sections  41  to 
46  [L.  1911,  c.  279,  p.  492]  inclusive.  [L.  1911,  c.  279,  p.  505, 
§  72.] 

Sections  41-46  mentioned  are  §§  520-5  of  this  compilation. 

Compare  Wise.,  §  1797m-100. 

§  552.  Investigation  of  Accidents. 

Every  public  utility  shall,  whenever  an  accident  attended 
with  loss  of  human  life  occurs  within  this  State  upon  its 
premises,  or  directly  or  indirectly  arises  from  or  connected 
with  its  maintenance  or  operation,  give  immediate  notice 
thereof  to  the  commission.  In  the  event  of  any  such  accident 
the  commission,  if  it  deem  the  public  interest  require  it,  shall 
cause  an  investigation  to  be  made  forthwith,  which  investiga¬ 
tion  shall  be  held  in  the  locality  of  the  accident,  unless  for 
greater  convenience  of  those  concerned  it  shall  order  such 
investigation  to  be  held  at  some  other  place;  and  said  investi¬ 
gation  may  be  adjourned  from  place  to  place  as  may  be  found 
necessary  and  convenient.  The  commission  shall  seasonably 
notify  the  public  utility  of  the  time  and  place  of  the  investiga¬ 
tion.  [L.  1911,  c.  279,  p.  506,  §  73.] 

Compare  Wise.,  §  1797m-101. 

§  553.  Enforcement  of  Laws  as  to  Public  Utilities;  Duties  of  Attorney 
General  Prosecuting  Attorneys  and  Counsel. 

The  commission  shall  inquire  into  any  neglect  or  violation 
of  any  law  of  this  State  or  any  law  or  ordinance  of  any 
municipality  thereof  by  any  public  utility  corporation  doing 
business  therein,  or  by  the  officers,  agent,  or  employees  thereof, 
or  by  any  person  operating  a  public  utility,  and  shall  have  the 
power,  and  it  shall  be  its  duty  to  enforce  the  provisions  of 
this  act,  as  well  as  all  other  laws  relating  to  public  utilities 
and  report  all  violations  thereof  to  the  Attorney  General. 
Upon  the  request  of  the  commission  it  shall  be  the  duty  of  the 
Attorney  General  or  the  prosecuting  attorney  of  the  proper 
county  to  aid  in  any  investigation,  hearing  or  trial  had  under 
the  provisions  of  this  act,  and  to  institute  and  to  prosecute  all 
necessary  suits,  actions  or  proceedings  for  the  enforcement  of 
this  act  or  the  recovery  of  penalties  payable  to  the  State  or  the 
enforcement  of  any  law  of  this  State  or  any  law  or  ordinance 
of  any  municipality  thereof  relating  to  public  utilities,  and  for 
the  punishment  of  all  violations  thereof.  Any  forfeiture  or 
penalty  herein  provided  shall  be  recovered  by  an  action  brought 


PUBLIC  UTILITY  ACT  OF  OREGON. 


33 


thereon  in  the  name  of  the  State  of  Oregon  in  any  court  of 
appropriate  jurisdiction.  The  commission  shall  have  author¬ 
ity  to  employ  counsel  and  to  fix  their  duties  and  compensation. 
[L.  1911,  c.  279,  p.  506,  §74.] 

Compare  Wise.,  §  1797m-102. 

§  554.  Substantial  Compliance  With  Acts  Sufficient;  Technical  Omis¬ 
sions  Immaterial;  Liberal  Construction. 

A  substantial  compliance  with  the  requirements  of  this  act 
shall  be  sufficient  to  give  effect  to  all  the  rules,  orders,  acts, 
and  regulations  of  the  commission,  and  they  shall  not  be  de¬ 
clared  inoperative,  illegal  or  void  for  any  omission  of  a  tech¬ 
nical  nature  in  respect  thereto.  The  provisions  of  this  act  shall 
be  liberally  construed  with  a  view  to  the  public  welfare,  effici¬ 
ent  facilities,  and  substantial  justice  between  patrons  and  pub¬ 
lic  utilities.  [L.  1911,  c.  279,  p.  506,  §  75.] 

Compare  Wise.,  §  1797m-103. 

§  555.  Other  Rights  of  Action  Not  Released  or  Waived;  Penalties 
Cumulative;  Duties  and  Liabilities  Same  as  at  Common  Law. 

This  act  shall  not  have  the  effect  to  release  or  waive  any 
right  of  action  by  the  State  or  by  any  municipality  thereof  or 
by  any  person  for  any  right,  penalty  or  forfeiture  which  may 
have  arisen  or  which  may  hereafter  arise  under  any  law  of 
this  State  or  under  any  law  or  ordinance  of  any  municipality 
thereof ;  and  all  penalties  and  forfeiture  accruing  under  this 
act  shall  be  cumulative  and  a  suit  for,  and  recovery  of  one, 
shall  not  be  a  bar  to  the  recovery  of  any  other  penalty.  The 
duties  and  liabilities  of  public  utilities  shall  be  the  same  as  at 
common  law  and  the  remedies  against  them  the  same,  except 
where  otherwise  provided  by  the  constitution  or  statutes  of 
this  State,  and  the  provisions  of  this  act  are  cumulative  there¬ 
to.  [L.  1911,  c.  279,  p.  507,  §  76.] 

Compare  Wise.,  §  1797m-104. 

§  556.  Rates  of  January  1,  1911,  to  Govern  as  Maximum  Unless 
Otherwise  Ordered;  Proceedings  to  Change. 

Except  as  in  this  act  provided,  and  unless  the  commission 
shall  otherwise  order,  it  shall  be  unlawful  for  any  public  utility 
within  this  State  to  demand,  collect  or  receive  a  greater  com¬ 
pensation  for  any  service  than  the  charge  fixed  on  the  lowest 
schedule  of  rates  for  the  same  service  on  the  first  day  of 
January,  1911.  Every  public  utility  in  this  State  shall,  within 
a  time  to  be  fixed  by  the  commission,  file  in  the  office  of  th<v 
commission,  copies  of  all  schedules  of  rates  and  charges 
including  joint  rates,  in  force  on  the  first  day  of  January,  1911, 


Sig.  3 


34 


PUBLIC  UTILITY  ACT  OF  OREGON. 


and  all  rates  in  force  at  any  time  subsequent  to  said  date. 
Any  public  utility  desiring  to  advance  or  discontinue  any  such 
rate  or  rates  may  make  application  to  the  commission  in  writ¬ 
ing  stating  the  advance  in  or  discontinuance  of  the  rate  or  rates 
desired,  giving  the  reasons  for  such  advance  or  discontinua¬ 
tion.  Upon  receiving  such  application  the  commission  shall  fix 
a  time  and  place  for  hearing  and  give  such  notice  to  interested 
parties  as  it  shall  deem  proper  and  reasonable.  If,  after  such 
hearing  and  investigation,  the  commission  shall  find  that  the 
change  or  discontinuation  applied  for  is  reasonable,  fair  and 
just,  it  shall  grant  the  application  either  in  whole  or  in  part. 
Any  public  utility  being  dissatisfied  with  any  order  of  the  com¬ 
mission  made  under  the  provisions  of  this  section  may  com¬ 
mence  a  suit  against  it  in  the  circuit  court  in  the  manner  pro¬ 
vided  in  section  54  [L.  1911,  c.  279,  p.  497],  which  suit  shall  be 
tried  and  determined  in  the  same  manner  as  is  provided  for 
suits  brought  under  said  section  54.  [L.  1911,  c.  279,  p.  507, 
§  77.] 

Section  54  mentioned  is  §  533  of  this  compilation,  ante. 

Compare  Wise.,  §  1797m-105. 

§  557.  Expenses  of  Commission  and  Employees,  Offices,  Supplies. 

The  agents,  experts,  engineers,  accountants,  inspectors,  ex¬ 
aminers  or  assistants  provided  for  in  this  act  shall  be  ap¬ 
pointed  by  the  commission  and  the  commission  shall  fix  their 
compensation.  The  commission  shall  be  provided  by  the  Sec¬ 
retary  of  State  with  necessary  office  furniture,  supplies,  sta¬ 
tionery,  books,  periodicals,  maps,  and  all  necessary  expenses 
therefor  shall  be  audited  and  paid  as  other  State  expenses  are 
audited  and  paid.  The  commission  may  hold  sessions  and 
maintain  offices  at  places  other  than  the  Capitol  in  its  discretion 
for  the  more  convenient  and  efficient  performance  of  the  duties 
imposed  upon  it  by  law,  and  shall  upon  its  request  be  provided 
by  the  county  court  of  any  county  in  the  State  with  suitable 
room  or  rooms  for  offices  and  hearings.  The  commissioners, 
upon  the  direction  of  the  commission  shall  be  entitled  to 
secretary,  clerk,  stenographer  and  other  employees,  traveling 
receive  from  the  State  their  actual  necessary  expenses  while 
traveling  on  the  business  of  the  commission.  Such  expendi¬ 
tures  shall  be  sworn  to  by  the  person  who  incurred  the  expense, 
and  approved  by  the  commission.  [L.  1911,  c.  279.  p.  508, 
§  78.] 

Compare  Wise.,  §  1797m-106. 

§  557a.  Qualifications  of  Commissioners — Removal — Interest  in  Rail¬ 
roads  Forbidden — Oath  and  Bond. 

The  Governor,  Secretary  of  State,  and  State  Treasurer  may, 
at  any  time,  remove  any  commissioner,  appointed  by  them, 


PUBLIC  UTILITY  ACT  OF  OREGON. 


35 


for  inefficiency,  neglect  of  duty,  or  malfeasance  in  office. 
Before  such  removal  they  shall  give  such  commissioner  a 
copy  of  the  charges  against  him,  and  shall  fix  the  time  when 
he  can  be  heard  in  his  own  defense,  which  shall  not  be  less 
than  ten  days  thereafter,  and  such  hearing  shall  be  open  to 
the  public.  If  he  shalll  be  removed,  the  Governor,  Secretary 
of  State,  and  State  Treasurer  shall  file  in  the  office  of  the 
Secretary  of  State  a  complete  statement  of  all  charges  made 
against  such  commissioner,  and  their  finding  thereon,  with 
a  record  of  the  proceedings.  Such  power  of  removal  shall  be 
absolute,  and  there  shall  be  no  right  to  review  of  the  same 
in  any  court  whatsoever. 

No  person  so  appointed  or  elected  shall  be  pecuniarily  inter¬ 
ested  in  any  railroad,  common  carrier  or  public  utility  in  this 
State  or  elsewhere,  and  if  any  such  commissioner  shall  volun¬ 
tarily  become  so  interested,  his  office  shall  ipso  facto  become 
vacant;  and  if  he  shall  become  so  interested  otherwise  than 
voluntarily  he  shall,  within  a  reasonable  time,  divest  himself 
of  said  interest ;  failing  to  do  so  his  office  shall  become  vacant. 

No  commissioner,  nor  the  secretary,  shall  hold  any  other 
office  or  position  of  profit,  or  pursue  any  other  business  or 
vocation,  or  serve  on  or  under  any  committee  of  any  political 
party,  but  shall  devote  his  entire  time  to  the  duties  of  his 
office. 

Before  entering  on  the  duties  of  his  office,  each  of  said  com¬ 
missioners  shall  take  and  subscribe  to  an  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States,  and  of  this 
State,  and  to  faithfully  and  honestly  discharge  the  duties  of 
such  office  of  commissioner;  and  that  he  is  not  pecuniarily 
interested  in  any  railroad  in  this  State  or  elsewhere,  or  in  any 
common  carrier,  or  in  any  corporation,  company,  or  association 
of  individuals  owning,  operating,  managing  or  controlling  any 
plant  or  equipment  in  this  State  or  elsewhere  for  the  convey¬ 
ance  of  telegraph  or  telephone  messages,  or  for  the  transporta¬ 
tion  of  persons  or  property  by  street  railroad,  or  for  the 
production,  transmission,  delivery  or  furnishing  of  heat,  light, 
water  or  power,  nor  in  the  stock,  bonds,  securities,  earnings 
or  contracts  of  any  thereof,  and  that  he  holds  no  other  office 
of  profit,  nor  any  position  under  any  political  committee  or 
party;  which  oath  or  affirmation  shall  be  filed  in  the  office  of 
the  Secretary  of  State.  [L.  1907,  c.  53,  p.  68,  §  2;  L.  O.  L. 
§  6876;  L.  1911,  c.  279,  p.  508,  §  79.] 


INDEX 


A 

SECTION. 

ACCIDENTS,  reports  of  by  public  utilities,  investigation .  5  52 

ACCOUNTS — See  Public  Utilities,  accounts,  infra. 

ACTION— See  Suits  Against  Substituted  Rates,  infra. 

ADDITIONS,  accounts  for  to  be  presented  by  commission .  497 

AGENT,  public  utility  responsible  for  acts  of . .  548 

penalty  for  violation  of  public  utilities  act  by .  547 

APPEAL — See  also  Suits  Against  Substituted  Rates,  infra. 

from  circuit  court,  not  to  stay  order  of  railroad  commission,  unless 

circuit  or  supreme  court  directs .  534 

when  appeal  may  be  taken  to  supreme  court,  precedence  in  hearing  536 
to  railroad  commission,  as  to  municipal  ordinance,  contract  or  regula¬ 
tion  of  utility  .  540 

APPEARANCES,  before  commission,  personally  or  by  attorney .  513 

APPLIANCES,  for  measurement,  to  comply  with  commission’s  standards....  501 

ASSIGNMENT  OF  CLAIMS  for  excessive  charges  collected  by  utilities .  534 

ASSOCIATION,  included  in  term  public  utility .  480 

ATTORNEY,  appearance  before  commission  by .  513 

ATTORNEY’S  FEES,  allowance  against  utility .  546 

ATTORNEY  GENERAL,  to  prosecute  actions  for  violation  of  public  utility 

laws  .  553 

AUDIT,  of  accounts  of  public  utility  by  railroad  commission .  49  5 

* 

B 

BALANCE  SHEET  of  utility,  to  be  filed  wfith  commission  annually .  494 

BLANKS  for  reports,  commission  to  prepare  and  furnish .  492 

BOND  on  injunction  against  stay  or  suspension  of  order  fixing  rates .  534 

official  of  railroad  commissioners  .  55  7a 

public  utility,  commissioners  not  to  be  interested  in .  5  5  7a 

BOOKS  AND  PAPERS— See  Public  Utilities,  infra,  and  Railroad  Commis¬ 
sion,  infra. 

BURDEN  OF  PROOF,  suits  against  rates  fixed  by  commission .  533 

C 

CABLE  LINES,  interchange  of  passes  or  franks  with  by  certain  public 

utilities  permitted  .  542 

CERTIFIED  COPIES  of  orders  of  commission  to  be  furnished . 530,  539 

prima  facie  evidence  .  539 

CHARGES,  to  be  just  and  reasonable .  486 

unjust  and  unreasonable,  prohibited . . . . . r .  486 

emergency  rates  permitted  by  commission . . .  5  50 

not  specially  designated,  commission  may  regulate .  551 

not  to  exceed  rates  in  force  January  1,  1911  . . .  504 

schedule  to  be  filed  with  railroad  commission . . .  504 

accessible  to  public  .  506 

changes,  notice  required  .  508 

form,  commission  may  prescribe .  511 


38 


INDEX. 


CHARGES — Continued.  section. 

interstate,  to  be  filed  with  commission .  505 

of  joint  rates,  filing-  and  publishing .  507 

other  charges  than  specilled  unlawful .  510 

printing  and  publication  .  504 

revised,  after  change  made,  to  be  open  to  public .  509 

rules  affecting  rates  to  be  included . .  504 

substitution  of  reasonable  rates  for  charges  found  unreasonable  by 

railroad  commission  .  5  30 

hearing  upon  complaint  as  to  reasonableness . 520-530 

suits  to  set  aside  order  prescribing  reasonable  rates,  procedure, 

appeal  . 533-  536 

CITY  COMMISSION,  included  in  term  “council”  .  481 

CITY  COUNCIL,  included  in  term  “council” .  481 

CLAIMS  for  excessive  charges  collected,  assignable . .  53  4 

CLASSIFICATION  of  public  utility  service .  512 

CLERKS,  employment  by  commission,  compensation .  5  l  7 

COMMISSION — See  also,  Railroad  Commission  of  Oregon,  infra. 

term,  in  public  utilities  act,  means  railroad  commission .  484 

COMMITTEE  of  political  party,  not  to  ask  or  receive  public  utility  pass 

or  frank  . 541 

COMMON  CARRIER,  interchange  of  passes  or  franks  with  by  certain 

utilities,  permitted  • .  542 

interchange  of  facilities  with  telegraph,  telephone  and  cable  lines 

permitted  .  542 

COMMON  COUNCIL,  included  in  term  council .  481 

COMMON  LAW,  application  to  duties  and  liabilities  of  utilities .  555 

COMPANIES,  included  in  term  public  utility .  '  480 

COMPLAINT,  against  public  utility,  investigation  by  railroad  commission. ...520-525 

by  whom  complaint  may  be  made .  520 

on  commission’s  own  motion  .  524 

utility  may  complain  .  525 

CONSTRUCTION,  new,  accounts  for  to  be  prescribed  by  commission .  4  97 

of  terms  of  public  utility  act  to  be  liberal .  554 

CONTEMPT,  attachment  for,  to  compel  testimony  before  commission .  520 

COPIES,  of  books,  papers,  etc.,  to  be  furnished  commission .  510 

of  orders  to  be  furnished  by  commission,  prima  facie  evidence . 5  3  0,  5  39 

CORPORATIONS,  immunity  of  witnesses  not  to  extend  to .  538 

included  in  term  public  utility  .  480 

reports  by,  to  commission  .  498 

COUNSEL,  commission  may  employ,  tlx  duties  and  compensation .  553 

COUNTY  COURT  to  supply  commission  with  rooms  for  hearings  and  offices  557 

CRIMES— feee  also,  Penalties,  infra. 

neglect  or  refusal  to  obey  subpoena .  523 

passes,  franks,  etc.,  asking  for  or  acceptance  of  by  political  committee, 

candidate  or  public  officer . 541 

rebates,  giving  or  accepting .  545 

D 

DAMAGES,  treble,  violation  of  public  utilities  act .  546 

DEPOSITIONS,  in  proceedings  before  commission .  528 

DEPRECIATION,  fund  and  account  to  be  kept .  496 

DISCRIMINATION — See  Public  Utilities,  Discrimination,  infra. 

E 

ELECTRIC  COMPANIES  included  in  term  public  utility .  480 

ELECTRIC  POWER,  persons  furnishing  included  in  term  public  utility .  480 

EMERGENCY  RATES  permitted  by  order  of  commission .  550 

EMPLOYEES,  of  commission,  whom  employed,  compensation .  517 

may  enter  premises  of  utilities,  for  inspection  or  test .  503 

of  public  utility,  penalty  for  violation  of  act  by .  547 

acts  bind  employing  utility .  548 


INDEX. 


39 


SECTION. 

ENTRY  on  premises,  by  commissioners  or  employees  permitted .  503 

EQUIPMENT,  adequate  and  safe  required .  486 

included  in  term  service .  483 

EVIDENCE — See  also,  Witnesses,  infra. 

burden  of  proof,  in  suit  against  substituted  charges,  etc .  5  37 

certified  copies  of  order  of  railroad  commission,  prima  facie .  539 

depositions  taken  as  in  civil  suits .  528 

incriminating  testimony  may  be  compelled,  immunity  given .  5  38 

orders  of  railroad  commission  fixing  charges,  etc.,  prima  facie  lawful 

and  reasonable  ’ .  532 

rules  of,  in  proceedings  under  public  utilities  act .  537 

transcript  of  proceedings  before  railroad  commission  to  be  received 

in  evidence  .  529 

EXAMINER,  appointment  of  by  railroad  commission,  compensation .  517 

hearings  before,  powers  . 518,  526 

EXPENSES  of  commissioners,  secretary,  clerks,  and  experts,  manner  of 

payment  . 557 

EXPERTS,  employment  by  railroad  commission,  compensation  .  517 

EXPRESS  COMPANIES,  interchange  of  passes  or  franks  with  certain  utilities 

permitted  . 542 

EXTENSIONS,  accounts  for  to  be  prescribed  by  commission  .  49  7 

F 

FACILITIES,  adequate  and  safe  required  .  486 

included  in  term  service  . 483 

reduced  rates  in  consideration  of  furnishing,  prohibited,  exceptions .  543 

FARES,  see  Charges,  supra. 

FEES,  test  of  meter  by  commission  . .  502 

witnesses  before  commission  .  527 

FORFEITURES,  see  Penalties,  infra. 

FRANCHISES,  appeal  as  to,  from  council  to  commission  .  540 

powder  of  municipality  to  determine  terms  on  which  granted .  540 

FRANK,  public  utility  not  to  give  lo  political  committee  or  candidate .  541 

to  w’hom  may  be  given  . , .  5  42 

FREE  FARE  OR  SERVICE,  to  whom  may  be  given  .  5  42 

G 

GAS  AND  GAS  COMPANIES,  see  Public  Utilities,  infra. 

GAS  METERS,  see  Meters,  infra. 

H 

HEARINGS,  before  commission,  open  to  public  . . .  513 

notice  required  to  utility  .  521 

single  commissioner  or  examiner  may  hold  .  518 

HEATING  COMPANIES,  included  in  term  public  utilities  .  480 

See  also  Public  Utilities,  infra. 

I 

IMMUNITY  of  witnesses  summoned  before  commission  .  538 

INCRIMINATING  TESTIMONY  compelled,  immunity  .  538 

INDIVIDUALS,  whom  included  in  term  public  utility  .  480 

INFORMATION,  necessary,  to  be  supplied  commission  by  public  utility .  514 

INITIATIVE,  jurisdiction  of  commission  on  appeal  not  applicable  to  muni¬ 
cipal  regulation  adopted  by  .  540 

INJUNCTION  against  order  of  commission,  notice,  hearing,  terms,  bond....  534 

INTERCHANGE  of  traffic  or  product  between  utilities  required .  487 


40 


INDEX. 


SECTION. 

INTERSTATE  RATES  of  utility,  filed  with  commission  . .  505 

INVESTIGATION,  by  commission,  attorney  general  and  prosecuting  attorney 

to  assist  .  553 

of  accidents  caused  by  public  utility  .  552 

of  complaints,  on  commission’s  own  motion  . 520,  524 

substitution  and  enforcement  of  charges,  fares,  classifications  or  ser¬ 
vice  .  522 

J 

JOINT  RATES,  printing  and  filing  with  commission  .  507 

L 

LESSEES,  whom  included  in  term  public  utility  .  480 

LIGHTING  COMPANY,  included  in  term  public  utility  .  480 

See  also  Public  Utilities,  infra. 

LOCALITIES,  unjust  discrimination  between  forbidden  .  544 

M 

METERS,  public  utility,  to  comply  with  commission’s  standards .  501 

test  by  commission,  fees  .  502 

commission  may  enter  premises  of  utility  to  test  .  5  03 

MILEAGE,  witnesses  before  commission  .  527 

MUNICIPALITIES,  extent  of  power  to  regulate  public  utilities .  540 

appeal  from  determination  of,  to  commission  .  540 

N 

NOTICE,  of  complaint  before  commission,  given  utility  .  521 

of  hearing  of  application  for  stay  or  suspension  of  order  of  commission  534 

O 

OFFICE,  of  commission,  at  places  other  than  capitol  .  557 

OFFICERS,  of  state  or  municipality,  not  to  ask  or  accept  pass,  frank,  etc., 

penalty  .  542 

public  utility  responsible  for  acts  of  .  548 

penalty  for  violation  of  act  by  .  547 

ORDERS,  of  commission,  certified  copies  to  be  furnished,  prima  facie 

evidence  . . .  5  39 

prima  facie  lawful  and  reasonable  . « .  532 

setting  aside,  suspension  or  stay,  procedure  .  534 

See  also  Suits  Against  Substituted  Rates,  infra. 

P 

PASSENGER  FARES,  See  Charges,  supra. 

PASSES,  public  utility  not  to  give  officials,  or  political  committee  or 

candidate  .  541 

to  whom  may  be  given  .  5  42 

PENALTY,  accounts,  failure  to  comply  with  order  of  commissioners  as  to....  547 

action  to  recover,  how  and  where  brought  .  553 

attorney’s  fees,  allowance,  as  against  public  utility  .  546 

books  and  papers,  failure  to  produce  for  commission’s  inspection . 516,  547 

civil  damages  not  to  affect  statute  penalty  .  546 

cumulative  with  other  statutory  penalties  .  555 

discrimination,  unjust,  giving  or  accepting  .  542 

general,  for  violation  of  provisions  of  utilities  act  .  548 

information,  denial  of  or  giving  false,  to  commission .  547 

interference  with  commission’s  equipment  .  549 

papers,  accounts,  etc.,  denial  to  commission  . 516,  547 

preference,  undue,  giving  or  acceptance  of  .  544 

recovery,  paid  into  general  fund  of  state  .  553 

treble  damages,  allowance  against  utility  .  546 

See  also  Crimes,  supra. 


INDEX. 


41 


SECTION. 

POLITICAL  COMMITTEE,  not  to  ask  or  receive  public  utility  pass  or  frank  541 

POWER,  persons  furnishing  included  in  term  public  utility  .  480 

POWER  COMPANIES,  included  in  term  public  utility  .  480 

See  also,  Public  Utilities,  infra. 

PREFERENCES,  see  Public  Utilities,  discrimination,  infra. 

PROCEDURE,  before  commission,  on  complaint . 520,  525 

commission  may  adopt  and  amend  rules  respecting .  513 

in  court,  under  public  utilities  act .  537 

See  also,  Suits  Against  Substituted  Rates,  infra. 

PROCESS,  service,  in  proceedings  under  utilities  act  .  537 

PROSECUTING  ATTORNEY,  to  assist  commission  in  investigations .  5  53 

to  prosecute  violations  of  law  on  request  of  commission .  553 

PUBLIC  UTILITIES,  accidents,  investigation  by  commission .  5  52 

accounts,  audit  by  commission  .  495 

allocation  of  items  as  prescribed  by  commission .  49  5 

for  new  construction,  additions  and  betterments,  prescribed  by 

commission  .  49  7 

depreciation,  application  of  fund  .  496 

furnished  to  commission  whenever  required  .  519 

inspection  by  commission  or  authorized  agent  .  49  5 

kept  outside  state,  production  of,  or  of  copy  required  by  commission  516 

uniform  system  to  be  prescribed  by  commission  . 490,  491 

accidents,  to  be  reported  to  commission  .  552 

appliances  for  measurement  of  product  or  service  to  comply  with  com¬ 
mission’s  standards  .  501 

test  by  commission,  fees  .  502 

commission  may  enter  premises  of  utility  to  make  test  .  503 

agents,  utility  responsible  for  acts  of  .  548 

attorney  general  to  prosecute  violations  of  law  by  .  553 

balance  sheet  to  be  filed  with  commission  annually  .  494 

books  and  papers  of  public  utility  to  be  maintained  in  office  in  state....  49  3 

production  of,  or  of  copy,  within  state  on  order  of  commission, 

penalty  .  516 

to  be  furnished  to  commission  whenever  required  .  519 

blanks  furnished  by  commission  to  be  filled  out  and  returned,  excuse....  519 

business  management,  commission  to  inquire  into  .  514 

charges,  to  be  reasonable  and  just  .  486 

hearing  upon  and  investigation  of  by  commission  on  complaint  or 

own  motion  . 520-525 

reasonable  rates  prescribed  by  commission  .  522 

unjust  or  unreasonable  charges  unlawful  .  486 

reasonableness  investigated  by  commission,  reasonable  rates  pre¬ 
scribed  .  522 

See,  also,  Rates,  below,  this  title. 

city  or  town  council,  power  to  regulate  .  64 

classification  of  service,  prescribed  by  railroad  commission .  512 

common  user  of  facilities,  compensation,  procedure  .  487 

compensation,  common  user  of  facilities  .  487 

complaint  by  patrons,  etc.,  as  to  service  or  rates,  investigation  by 

commission  .  520 

concessions  in  service  or  rate  prohibited,  penalty  .  545 

contracts  to  be  furnished  to  commission  whenever  required  .  519 

conduits,  common  user  of  facilities,  compensation  procedure .  487 

copies  of  maps,  records,  etc.,  to  be  furnished  to  commission  whenever 

required  .  519 

council  of  city  or  town,  power  to  regulate  . . .  64 

discrimination,  in  service  or  rate,  prohibited,  penalty  .  545 

unjust,  prohibited,  penalty  .  542 

permissible  free  or  reduced  rate  service  .  5  42 

exchange  of  facilities,  in  consideration  of  .  543 

documents  to  be  furnished  to  commission  whenever  required .  519 

duties  as  at  common  law,  except  as  otherwise  provided  . . .  555 

emergency  rates,  permitted  by  commission  . .  5  50 

equipment,  common  user  of  facilities,  compensation,  procedure .  487 

to  be  adequate  and  safe  .  4  86 

facilities,  reduced  rate  for  service  for  exchange  of  prohibited,  exceptions  54  3 

to  be  adequate  and  safe  .  486 

free  and  reduced  rate  service,  when  and  to  whom  permitted .  542 

exchange  for  facilities,  in  consideration  of  .  543 

frank,  not  to  be  given  political  committee  or  candidate  or  public  officer  541 
hearing  before  commission,  investigation  of  rates  or  service . 520-525 


42 


INDEX. 


PUBLIC  UTILITIES — Continued.  section. 

information,  commission  may  require  necessary  to  be  furnished .  514 

public  utility  to  furnish  commission  when  required,  penalty .  547 

interchange  of  business,  traffic  or  product  between  public  utilities .  487 

investigation,  rates  or  service,  on  commission’s  own  motion .  524 

joint  rates,  schedules,  filing  and  publishing  .  507 

laws,  commission  to  inquire  into  violation  of,  by  .  553 

liabilities,  as  at  common  law,  except  as  otherwise  provided .  555 

management  of  business  commission  to  inquire  into  .  514 

maps,  etc.,  to  be  delivered  to  commission  whenever  required .  519 

maximum  rates,  those  of  Jan.  1,  1911;  application  for  increase .  556 

meters,  to  comply  with  commission’s  standards  and  regulations .  5U1 

test  by  commission,  fees  .  502 

commission  may  enter  premises  of  utility  to  test  .  503 

municipalities,  power  of  to  regulate,  appeal  to  railroad  commission .  540 

notice  that  complaint  has  been  made  .  521 

of  hearing  complaint  before  commission  .  521 

office  to  be  maintained  in  state  .  (93 

books,  accounts,  records  to  be  kept  in,  as  required  by  commission....  493 

order,  temporary  suspension  of  rates  by  railroad  commission .  5  50 

ordinance  of  municipality,  appeal  from  to  railroad  commission .  540 

passes,  franks,  or  privileges  not  to  be  given  to  political  committee  or 

candidate  .  541 

penalty,  interference  with  railroad  commission’s  equipment  .  549 

violation  of  public  utility  act,  generally  .  548 

withholding  from  or  giving  false  information  to  railroad  commission  547 
See  also,  Penalties,  supra. 

poles,  common  user  of  facilities,  compensation  procedure .  487 

practices,  not  specifically  designated,  regulated  by  commission .  551 

product,  units  to  be  prescribed  by  commission  .  500 

standard  of  measurement  to  be  fixed  by  commission  .  501 

commission  may  enter  premises  of  utility  to  test  .  503 

profiles  to  be  furnished  to  commission  wnenever  required .  519 

prosecuting  attorney  to  prosecute  violations  of  law  by .  5  53 

public  utility  commissioners  of  I'nited  States  or  other  states,  confer¬ 
ence  with  .  514 

rates,  effective  Jan.  1,  1911,  maximum  .  556 

application  for  increase  .  556 

suspension  temporarily  by  railroad  commission  .  550 

unreasonable,  not  specifically  designated,  regulated  by  commission  551 

rebates  prohibited,  penalty  . 545 

records,  to  be  kept  in  manner  prescribed  by  railroad  commission .  491 

no  other  record  than  those  prescribed  or  approved  may  be  kept .  491 

production  of,  or  copy,  within  state,  on  order  of  commission,  penalty  516 

to  be  furnished  to  commission  whenever  required .  519 

reduced  rates  of  service,  when  and  to  whom  permitted  .  542 

exchange  of  facilities,  in  consideration  of  .  543 

reports,  to  railroad  commission,  when  required,  details  .  498 

to  be  made  to  commission  as  required  . . .  519 

of  engineers,  to  be  furnished  to  commission  whenever  required .  519 

review,  of  municipal  contract,  ordinance  or  regulation  by  railroad  com¬ 
mission  . 540 

of  orders  of  commission,  see  Suits  Against  Substituted  Rates,  infra, 
rules  governing  inspections,  investigations,  etc.,  railroad  commission 

may  adopt  and  amend  . . . . .  513 

schedules,  accessibility  to  public,  on  file  at  stations  and  offices .  506 

charges  other  than  specified  in,  unlawful  .  510 

charges,  notice  to  commission,  shown  on  existing  schedules .  508 

commission  may  prescribe  shorter  time  within  which  reduction  to 

be  made  .  508 

form,  commission  may  prescribe  changes  in  .  511 

joint  rates,  filing  and  publishing  . .  507 

revised,  to  be  open  to  public  .  509 

of  rates,  tolls  and  charges  to  be  filed  with  railroad  commission .  504 

not  to  exceed  rates  effective  Jan.  1,  1911  .  504 

printing  and  publication,  accessibility  to  public  .  506 

rules  and  regulations  affecting  rates  to  be  included .  505 

suspension  temporarily  by  railroad  commission  .  550 

separate  hearings  on  complaint  may  be  ordered  .  523 

service,  to  be  adequate  and  safe  .  486 

units  to  be  fixed  by  commission  .  500 

standards  of  measurement  to  be  fixed  by  commission .  501 

commission  may  enter  premises  of  utility  to  test  .  503 

unreasonable  or  inadequate,  not  specifically  designated,  regulated  by 

commission  .  551 


INDEX. 


43 


PUBLIC  UTILITIES — Continued.  section. 

street  railways,  common  user  of  facilities,  compensation,  procedure .  487 

subways,  common  user  of  facilities,  compensation,  procedure .  487 

substituted  rates,  suit  against,  see  Suits  Against  Substituted  Rates,  infra, 
suits  against  substituted  rates,  see  that  title. 

suspension,  temporary,  of  order,  rate  or  schedule  by  commission .  5  50 

tariffs,  see  Schedules,  supra,  this  title. 

temporary  suspension  of  order,  rate  or  schedule  by  commission .  550 

treble  damages  for  violation  of  act,  by  .  546 

units  of  service  and  products  to  be  tixed  by  commission .  500 

commission  may  enter  premises  of  utility  to  test  .  503 

uniform  accounts  prescribed  by  commission . 490,  491 

uniform  classification  of  public  utility  service .  512 

unjust  discrimination,  prohibited,  penalty  .  542 

exchange  for  facilities,  in  consideration  of  .  543 

valuation  of  property  of,  hearing,  revaluation  . 488-489 

violation  of  laws  by,  commission  to  inquire  into  .  553 

reported  to  attorney  general  for  prosecution  .  5  53 

R 

RAILROAD  COMMISSION  OF  OREGON — accidents,  investigation  of .  552 

accounts,  of  public  utility,  audit  by  commission  . : .  495 

allocation  of  items  as  presented  .  495 

for  construction,  additions  and  betterments  prescribed  by  com¬ 
mission  .  497 

inspection  by  commissioner,  or  person  authorized  by  commission....  515 
kept  outside  state,  commission  may  require  production  of,  or  copy  516 

each  commissioner  may  compel  production  .  526 

uniform  system  prescribed  by  commission  . 490-491 

additions  to  public  utilities,  forms  and  instructions  for  accounts  pre¬ 
scribed  .  497 

annual  report  to  governor  .  499 

balance  sheet  of  utility  to  be  hied  with  annually .  494 

blanks  to  be  furnished  utilities  .  49  2 

bonds,  official  of  commissioners  .  557a 

railroad  or  public  utility,  commissioners  not  to  be  interested  in....  557a 

books,  accounts,  etc.,  each  commissioner  may  compel  production .  526 

commission  may  require  access  to  .  49  5 

kept  outside  state,  commission  may  require  production  or  copy .  312 

or  public  utility,  to  be  maintained  in  state  when  required  by  com¬ 
mission  .  493 

terms  of  removal  from  state  prescribed  by  commission .  49  3 

inspection  by  commission  or  person  authorized  by  commission .  515 

of  public  utility,  kept  outside  state,  commission  may  require  pro¬ 
duction  of,  or  copy  . 516 

business  management,  commission  to  inquire  into,  of  public  utilities....  5  14 

certified  copies  of  orders  to  be  furnished  by  . . . .  539 

charges,  reasonable,  fixed  by  commission  after  hearing  .  530 

classification  of  services  to  be  provided  by  .  512 

clerks,  employment  by,  compensation  .  517 

commissioners,  not  to  hold  office  of  profit,  or  position  under  political 

party  . . .  5  57a 

not  to  be  interested  in  stocks,  bonds,  etc.,  of  railroads  or  public 

utilities  .  557a 

time  of,  entirely  to  be  devoted  to  official  duties .  5  5  7a 

common  user  of  facilities,  etc.,  regulation  .  487 

complaints  to,  as  to  service  or  rates,  investigation...... . 520-525 

construction,  new,  of  utilities,  supervision  . . . . .  487 

contracts  of  utility,  commissioners  not  to  be  interested  in .  557a 

conference  with  other  public  utility  commissioners  permitted .  5  14 

conventions  of  public  utility  commissioners,  commissioners  may  attend  5  14 

copies  of  books,  papers,  etc.,  may  be  required  by .  516 

of  orders  to  be  furnished  by,  prima  facie  evidence . 5  3  0,  5  39 

counsel,  employment,  duties  and  compensation  fixed  by .  553 

discrimination  by  utilities,  regulation  . 542,  544 

documents,  each  commissioner  may  compel  production  of .  526 

emergency  rates  permitted  by  .  5  50 

employees,  commission  may  employ  what,  compensation  .  517 

entry  upon  premises  of  public  utility  for  inspection  or  test 

permitted  . 503 

examiners,  appointment  by  commission  . . . ..517,518 

powers  of,  hearings  before  .  518 

expenses,  how  paid  .  5  57 


44 


INDEX. 


RAILROAD  COMMISSION  OF  OREGON — Continued.  section. 

expenses,  how  paid  . ' .  557 

experts,  employment,  compensations  .  517 

expenses  of,  how  paid  .  557 

extensions  of  utilities,  forms  and  instructions  for  accounts  prescribed..  497 

hearings,  commission  may  adopt  rules  to  regulate  . . .  513 

to  be  open  to  public  .  513 

held  before  single  commissioner  or  examiner  . .  518 

where  held  .  557 

as  to  reasonableness,  etc.,  of  public  utility  rates  or  service .  525 

information  to,  utility  to  furnish  .  514 

inspectors,  employment,  compensation  .  517 

investigation,  rates  and  service,  commission’s  own  motion .  524 

interchange  of  business,  traffic  or  product,  ordered  by .  487 

management  of  utilities,  inquiry  into  by  .  514 

measurement,  standards  and  regulations  for  public  utilities,  commis¬ 
sion  to  prescribe  . ' .  501 

test  of  appliances  by  commission,  fees  .  502 

commission  may  enter  premises  of  utility  to  test  .  503 

offices  may  be  maintained  elsewhere  than  at  capitol .  557 

orders,  certified  copies  to  be  furnished .  539 

for  substitution  of  reasonable  rates  or  service .  530 

may  be  amended  or  rescinded  .  531 

prima  facie  lawful  and  reasonable  .  532 

papers,  books,  etc.,  each  commissioner  may  compel  production .  526 

of  public  utility,  production  compelled  .  515 

kept  outside  state,  commission  may  require  production  or  copy....  516 

practices  not  specifically  designated,  regulation  by  .  551 

procedure  before,  commission  may  adopt  rules  to  govern .  513 

production  of  books  and  papers,  and  testimony,  powers  .  526 

public  utilities,  general  jurisdiction  over  .  485 

qualification  of  commissioners,  entire  time  devoted  to  office .  5  5  7a 

rates,  regulation  of,  see  Charges,  supra. 

reconsideration  when  new  evidence  introduced  on  review  in  circuit 

court  .  535 

record  of  proceedings  before  .  529 

reduction  in  rates,  time  effective,  prescribed  by  commission .  508 

rehearing,  on  resubmission  by  circuit  court  to  commission .  535 

reports,  of  public  utilities,  when  required,  details  .  498 

report,  annual  and  special,  to  be  made  to  governor  .  499 

review  of  order  of  commission,  see  Suits  Against  Substituted  Rates, 
infra. 

rules  governing  procedure  of,  adoption  .  513 

schedules,  of  utility  rates,  tolls  and  charges  to  be  filed  with  commission  504 

not  to  exceed  rates  effective  January  1,  1911  .  504 

printing  and  publication,  accessibility  to  public  .  506 

rules  and  regulation  affecting  rates  to  be  included  .  505 

service,  investigation  on  complaint  . 520-525 

investigation  on  commission’s  own  motion  .  524 

sessions,  held  elsewhere  than  capitol .  557 

standards  for  measurement,  prescribed  by  .  501 

stenographer,  transcript  of  proceedings,  admissibility  in  evidence .  529 

stocks,  of  public  utility,  commissioner  not  to  be  interested  in .  557a 

subpoenas,  each  commissioner  may  issue,  penalty  for  disobedience .  526 

substitution  of  reasonable  rates  or  service . .  530 

suits  against  substituted  rates,  see  that  title,  infra. 

supplies  to  be  provided  for  .  5  57 

technical  omissions  in  administration  of  law  disregarded .  554 

testimony  before,  each  commissioner  may  compel  .  526 

traveling  expenses,  commissioners  and  employees,  payment .  557 

units  of  service  or  product  to  be  prescribed  by  .  500 

utilities,  general  jurisdiction  over  .  4S5 

uniform  accounts  prescribed  by  . 490,  491 

valuation  of  property  of  public  utilities  to  be  made  by . 488,  489 

violation  of  law,  commission  to  inquire  into,  and  report  to  attorney 

general  for  prosecution  .  553 

witnesses,  attendance  compelled  before  commissioners  .  526 

RAILROADS,  interchange  of  passes  or  franks  with  certain  public  utilities 

permitted  .  542 

REBATING  forbidden,  penalty  .  545 

RECEIVERS,  when  included  in  term  public  utility  .  480 

RECORD,  of  proceedings  before  commission .  529 

of  public  utilities,  kept  as  prescribed  by  commission  .  491 

production  of,  within  state,  before  commission  . 516,  519 

uniform  accounts  prescribed  by  commission  . 49  0,  491 


INDEX. 


45 


SECTION. 

REDUCED  FARE  OR  RATE,  in  consideration  of  exchange  of  facilities .  543 

when  and  to  whom  utility  may  give  . . .  542 

REFERENDUM,  municipal  contracts,  franchises,  etc.,  approved  by,  or 

while  pending,  not  reviewable  by  railroad  commission .  540 

REPORTS,  annual,  of  commission  to  governor  .  499 

blanks  for  reports  by  utilities  furnished  by  commission .  492 

public  utilities  to  make  to  commission  .  498 

REVIEW,  by  commission,  of  municipal  contract  with  public  utility,  ordi¬ 
nance  or  regulation  .  540 

of  orders  of  commission,  see  Suits  Against  Substituted  Rates. 

RULES  of  procedure,  commission  may  adopt  and  amend .  513 

S 

SCHEDULES  accessibility  to  public,  on  file  at  stations  and  offices .  506 

charges  other  than  specified  in,  unlawful  .  510 

charges,  notice  to  commission,  shown  on  existing  schedules .  508 

commission  may  prescribe  shorter  time  within  which  reduction  to 

be  made  .  508 

form,  commission  may  prescribe  changes  in  .  511 

joint  rates,  filing  and  publishing  .  507 

of  rates,  tolls  and  charges  to  be  filed  with  railroad  commission  .  504 

not  to  exceed  rates  effective  January  1,  1911  .  504 

printing  and  publication,  accessibility  to  public  .  506 

revised  to  be  open  to  public .  509 

rules  and  regulations  affecting  rates  to  be  included  .  505 

suspension  temporarily  by  railroad  commission  .  550 

SERVICE,  of  public  utilities,  to  be  adequate  and  safe  .  486 

defined  .  483 

investigation,  on  complaint  or  commission’s  own  motion  .  520 

order  for  substitution  of  reasonable  and  adequate  service .  522 

SLEEPING  CAR  COMPANIES,  interchange  of  passes  or  franks  with  cer¬ 
tain  utilities  permitted  . : .  542 

STANDARDS  for  measurement,  commission  to  ascertain  and  fix  .  50  1 

STENOGRAPHER  of  commission,  transcript  of  record  by,  admissibility  in 

evidence  .  529 

STREET  RAILWAYS,  included  in  term  public  utility  .  480 

interchange  of  passes  or  franks  with  certain  other  public  utilities  per¬ 
mitted  . : .  542 

SUBPOENA,  each  commissioner  may  issue,  penalty  for  disobeying  .  526 

SUITS  AGAINST  SUBSTITUTED  RATES,  appeal  to  supreme  court  .  536 

bond  upon  injunction  .  534 

burden  of  proof  .  537 

claims  for  excess  payments  pending,  assignable  .  534 

defendant,  railroad  commission  to  be  .  533 

evidence,  rules  of,  as  in  civil  actions  .  537 

grounds  for  .  5  33 

hearing,  on  application  for  stay  or  suspension  of  order .  534 

injunction  against  order,  when  issued,  notice,  bond  .  534 

practice  as  in  civil  actions  .  537 

precedence  in  hearing,  circuit  court  .  533 

on  calendar  of  supreme  court  .  536 

procedure  in  circuit  and  supreme  court  . . . 533-537 

reconsideration  by  commission  upon  submission  by  circuit  court .  53  5 

resubmission  of  matter  to  commission  when  new  evidence  introduced  535 

service  of  process  .  537 

stay  of  order  .  534 

suspension  of  order  .  534 

time  within  which  to  be  brought  .  533 

where  to  be  brought  .  533 

within  what  time  to  be  brought  .  533 

SUSPENSION,  of  order  of  commission  by  circuit  court .  53  4 

of  rate,  schedule  or  order,  by  commission  .  550 

T 

TARIFFS,  see  Schedules,  supra. 

TECHNICAL  OMISSIONS  immaterial,  in  administration  of  act  .  554 


46 


INDEX. 


SECTION. 

TELEGRAPH  AND  TELEPHONE  COMPANIES,  included  in  term  public  utility  480 

interchange  of  passes  or  franks  with  by  certain  utilities  permitted .  542 

of  facilities  with  common  carriers  permitted  .  542 

TEST,  of  meters  and  measuring  apparatus,  by  commission  .  502 

of  products  of  service,  regulations  Tor  prescribed  by  commission .  501 

TESTIMONY,  before  commission,  admissibility  of  transcript  .  529 

commissioners  and  examiners  may  compel  production  of .  526 

TRANSCRIPT  of  testimony  before,  admissibility  in  evidence  .  529 

TRUSTEE,  whom  included  in  term  public  utility  .  480 

UNIFORM  ACCOUNTS  prescribed  by  commission  for  utilities . 490,  491 

penalty  for  failure  to  comply  with  commission’s  order  as  to .  547 

U 

UNIFORM  CLASSIFICATION,  of  public  utilities  service  .  512 

UNION  DEPOT  COMPANIES,  interchange  of  passes  or  franks  with  certain 

utilities  permitted  .  542 

UNITS,  of  product  or  service,  commission  to  prescribe  .  500 

UTILITIES,  Public.  See  Public  Utilities,  supra. 

V 

VALUE,  of  public  utilities  property,  ascertainment  by  commission . 488,  489 

W 

WATER  COMPANIES,  included  in  term  public  utility  .  480 

WIRELESS  TELEGRAPH  OR  TELEPHONE,  included  in  term  public  utility..  480 

WITNESSES  before  commission,  attendance  and  testimony  compelled, 

penalty  .  526 

depositions  taken  .  528 

fees  and  mileage  .  52  7 

immunity  when  testimony  compelled  . <.  538 


